SARBESWAR BHARATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THOUGH this case was listed to date for admission, on the consent and request of learned counsel for both the parties, it is taken up for hearing and the following order is passed.

(2.) HEARD learned counsel for the petitioner and learned Addl. Govt. Advocate on the petition under Section 482 of Cr.P.C.

(3.) LEARNED counsel for the petitioner submits that on perusal of the F.I.R. it is found that on the date of occurrence i.e. on 30.1.1991 at about 12.30 P.M. while the daughter of the informant had been to a nearby tube well to fetch water co -accused Kalia @ Kuber Bharati did not allow her to bring water and as such there was hitch between the said accused and the daughter of the informant, in course of which, it is alleged that the said accused abused the daughter of the informant in obscene language, dragged her wearing apparels and threatened to do away with her life. Further on perusal of the certified copy of the charge sheet, it is found that the petitioner was not charge sheeted. However, in the impugned order the trial court took cognizance of the aforesaid offences and issue summons to the petitioner for his appearance. When the informant says that the co -accused Kuber Bharati committed the offence and charge sheet was not filed against the present petitioner, the trial court ought not have taken cognizance of the offence under sections 354/506 of I.P.C. against him and issued process for his appearance. Accordingly, learned counsel for the petitioner prays to allow the CRLMC.