JUDGMENT

L. MOHAPATRA, J. — This application under Section 482, Cr.P.C. has been filed challenging the order dated 17.5.2003 passed by the learned S.D.J.M., Jajpur in I.C.C. No.481 of 2002 taking cognizance of offence under Section 302/34 of the Penal Code and directing issuance of N.B.W. against the petitioners.

2. The case as presented by the complainant is that one Rabindra Biswal was assaulted by one Chhota alias Bijaya Mallik in the evening of 17.11.2002 and the said Rabindra Biswal suc¬cumbed to the injuries. The brother of the deceased lodged a written report at Kuakhia Out Post on the basis of which Dharma¬sala P.S. Case No.323 of 2002 was registered for commission of offence under Section 302 of the Penal Code. Investigation was taken up and charge sheet was submitted for commission of offence under Section 302 of the Penal Code against the aforesaid Bijaya Mallik in G.R. case No.1235 of 2002 pending in the Court of the learned S.D.J.M., Jajpur. It is the case of the petitioners that during investigation by police the opposite party No.2 was exam¬ined under Section 161, Cr.P.C. but she did not implicate the present petitioners in any manner to have participated in the alle