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2017 Supreme(Ori) 1083

S.K.SAHOO
Abhimanyu Parida – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner: Mr. L.N. Rayatsingh
For the Opposite-Party :Mr. Prem Kumar Patnaik, Addl. Govt. Advocate

JUDGMENT :

S. K. SAHOO, J.

This is an application under section 482 of Cr.P.C. filed by the petitioners to quash the criminal proceeding in I.C.C. Case No. 41 of 1995 in the Court of learned S.D.J.M., Bhanjanagar giving rise to Criminal Appeal No.04 of 2000 pending in the Court of learned Addl. Sessions Judge, Bhanjanagar and to acquit the petitioners of the charge under section 498-A of the Indian Penal Code.

2. The opp.party no.2 Smt. Madhuri Nayak @ Parida is the wife of petitioner no.1 Abhimanyu Parida and other petitioners are her in-laws. She filed a complaint petition against the petitioners in the Court of learned S.D.J.M., Bhanjanagar which was registered as I.C.C. Case No. 41 of 1995, on the basis of which the petitioners faced trial under sections 498/34 of the Indian Penal Code.

3. The learned S.D.J.M., Bhanjanagar vide judgment and order dated 05.02.2000 found the petitioners guilty under sections 498-A/34 of the Indian Penal Code and sentenced each of them to undergo R.I. for six months and to pay a fine of Rs. 1,000/- (rupees one thousand), in default, to undergo S.I. for thirty days. The petitioners preferred an appeal in the Court of Session which is sub-judiced in the















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