JUDGMENT :

S.K. Sahoo, J.

None appears for the petitioners. Notice which was issued to opp. party no.1-Kumari Babita Naik by registered post with A.D. returned undelivered with an endorsement “dead since long”.

Heard Mr. Chitta Ranjan Swain, learned Additional Standing Counsel for the State.

In this application under section 482 of Cr.P.C., the petitioners have challenged the impugned order dated 23.11.2004 passed by the learned S.D.J.M., Bhanjanagar in I.C.C. Case No. 07 of 2003 in rejecting the petition filed by the petitioners to recall the order dated 07.02.2009 passed by the said Court in taking cognizance of the offences under sections 323/294/34 of the Indian Penal Code read with Section 3(1)(x) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘1989 Act’) and issuance of process against them.

2. The prosecution case, as per the complaint petition is that the opp. party no.1-complainant was suffering from pain in her left eye since last three years and in order to get rid of such pain, believing upon Lord Shiva, on 20.01.2003 early morning after taking her bath, she laid herself down on the stairs in the temple of Lord Shiva. When the