JUDGMENT

R.N. BISWAL, J. — The petitioners call in question the orders dated 16.11.2004 and 7.3.2005 passed by the learned S.D.J.M., Nayagarh in I.C.C. case No.131 of 2004 wherein he took cognizance for the offence under Sections, 323/506/379 of I.P.C. and issued summons against them for their appearance on 21.12.2004 in the first order and ordered to proceed against accused Inda Bhuyan and Gunjar Dei under Sections 323/506/379 of I.P.C. and to tag the complaint case with G.R. Case No.412 of 2004 for the rest of the accused persons for the offence under Sections 323/506 of I.P.C. and further ordered that the complaint case has to proceed against all the accused persons for the offence under Section 379 of I.P.C. in the second order.

2. The fact germane to filing of this CRLMC under Section 482 of Cr.P.C. is that on 20.9.2004 opp.party No.2 Chari Bhuyan lodged an FIR against the petitioners, 7 in number, on the basis of which Sarankul P.S. case No.63 of 2004 was registered under Sections 341/323/448/354/506 read with Section 34 of I.P.C. giving rise to G.R. Case No.412 of 2004 of the file of S.D.J.M., Nayagarh. While investigation in the said case was in progress opp.party No.2 file