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2013 Supreme(Ori) 388

M.M.DAS
Pramod Kumar Agarwal – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. P. K. Mohapatra, A. K. Patnaik, S. Mohanty, A. Singh and G. Choubey
For Opp.Parties:M/s. S. D. Das, H. S. Satpathy, A. N. Sahu, M. Panda, D. Mohanty and M. M. Swain (For O.P.2)
Addl. Government Advocate

JUDGMENT

M.M. DAS, J. : The petitioners have filed this CRLMC under Section 482 Cr.P.C. with a prayer to quash the complaint proceeding bearing I.C.C. No.30 of 2009 pending before the learned J.M.F.C., Khariar. The learned Magistrate by order dated 27.5.2009 finding that a prima facie case is made out under Section 498-A/302/304-B/201/34 I.P.C. read with Section 4 of the D.P. Act against the accused persons, namely, Pramod Kumar Agrawal, Smt. Bimlesh Devi, Jyoti Agrawal, Mahesh Agrawal and Satish @ Sachin Agrawal and further finding that there is a prima facie case made out under Section 302/201/34 IPC. against accused-Ghanshyam Gosai took cognizance of the said offences against the aforesaid accused persons and directed issuance of N.B.W.A. against them. It appears from the record that the complaint petition was filed by opposite party No.2-Rajesh Kumar Agrawal. In the said complaint petition, it has been stated that the complainant is the elder brother of the deceased. The marriage of the deceased with accused-petitioner No.1 was solemnized on 5.3.2003 at Khariar Road. The accused-petitioner No. 2 is the driver of the vehicle in which the deceased was going to New Delhi with the a

















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