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2018 Supreme(Ori) 270

S.K.SAHOO
Narayan Prasad Agarwal @ Narayan Prasad Bhawania – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.S. Dasparida
For the Opp. Party :Mr. Prem Kumar Patnaik Addl. Govt. Advocate, Mr. Suraj Mohanty

JUDGMENT :

S.K. SAHOO, J.

This is an application under section 482 of Cr.P.C. filed by the petitioner Narayan Prasad Agarwal @ Narayan Prasad Bhawania challenging the impugned order dated 20.03.2006 passed by the learned Addl. Sessions Judge, Jharsuguda in S.T. Case No.19/11 of 2006 in not framing charge under section 307 of the Indian Penal Code. The said case arises out of Jharsuguda P.S. Case No. 100 of 2004.

2. The factual scenario of the case as per the first information report submitted by one Sanjay Kumar Bhawania, brother of the petitioner before the Inspector in charge of Jharsuguda Police station is that out of enmity and previous grudge, the opp. party no.2 Raj Kishore Agarwal tried to kill the petitioner on 09.04.2004 by running over Maruti 800 Car as a result of which the petitioner sustained compound fracture of his leg and his face was dashed against the iron gate and he sustained bleeding injuries. It is further stated that on hearing the shout of the petitioner, the informant came out of the house and sided the petitioner quickly for which the opp. party no.2 could not run him down. It is further stated that earlier the opp. party no.2 had threatened to take away the















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