JUDGMENT :

I. Mohanty, J. - In this application u/s 482 Code of Criminal Procedure the Petitioner has sought to challenge the order dated 14.10.2009 passed by the learned Addl. Sessions Judge, Titilagarh in S.C. No. 71-B/30/11 of 2002-04-09 rejecting the Petitioner filed by the State-Opp. Party No. 1 u/s 319 Code of Criminal Procedure to issue summons against Sachidananda Ghose, Subrat Ghose and Shyamali Ghose.

2. Learned counsel for the Petitioner submits that he does not press this application in so far as Shyamali Ghose is concerned and therefore, this application is confined to Sachidananda Ghose and Subrat Ghose.

3. On perusal of the impugned order and the averments made in this application, it appears that on the basis of the F.I.R. lodged by the Petitioner, Titilagarh P.S. Case No. 1 of 2001 was registered under Sections 498A, 304-B/34 IPC against one Subhasis Ghose and Ors. . After completion of investigation, charge sheet has been filed against all the accused persons. Thereafter, Opp. Parties 3 and 4 filed an application before the learned Addl. Sessions Judge, Titilagarh for discharge and the said application was allowed by the order dated 13.12.2002. In the said order it w