JUDGMENT :

S.K. SAHOO, J.

The petitioners have challenged the order dated 11.06.2004 passed by the learned S.D.J.M., Jajpur in I.C.C. Case No. 138 of 2004 in taking cognizance of offences punishable under sections 352/427/506/34 of the Indian Penal Code.

2. The prosecution case as per the complaint petition filed by the opp. party Smt. Sukanti Swain, in short, is that the occurrence in question took place on 08.05.2004 and there was previous dispute between the parties and on the date of occurrence while the opp. party was proceeding to fetch water carrying an earthen pot in front of her house, at that point of time the petitioner no.2 Pramila Swain called petitioner no.1 Nisakar Swain and petitioner no.3 Saroj Kumar Swain. The petitioner no.3 caught hold of the tuft of the hair of the opp. party and petitioner no.1 Nisakar Swain threatened the opp. party with dire consequences holding a Katuri (bill hook, chopper) and also abused her. As the petitioner no.3 pulled the hair of the opp. party, she became semi-naked. The petitioner no.2 gave a kick blow to the earthen pot of the opp. party as a result of which it broke down for which the opp. Party stated to have sustained a loss of Rs.