JUDGMENT :

A.K. Mishra, J.

Heard the learned counsel for the petitioner.

2. In this Lis under section 482 Cr.P.C., 1973 prayer has been made to set aside the order dated 27.8.2018 passed by learned J.M.F.C., Daspalla in I.C.C. No.27 of 2018 rejecting the prayer of the petitioners under section 205 Cr.P.C., 1973

3. The brother of petitioner no.1, namely Baikuntha Pradhan (Opposite Party no.2) had filed I.C.C. No.9 of 2005 in the court of J.M.F.C., Daspalla which was sent under section 156(3) Cr.P.C., 1973 to the Daspalla police station for investigation and it was registered as Daspalla P.S. Case No.65 of 2015 which corresponds to G.R. Case No.90 of 2015. After investigation final report was submitted. Thereafter protest petition was filed which was registered as I.C.C. No.27 of 2018 in which cognizance under section 341, 294, 323, 506, 34 I.P.C. was taken and summonses were issued against the four accused persons including present three petitioners.

4. Accused Basanta Pradhan appeared in the court and was granted bail on 27.08.2018. The prayer of accused Banamali, his wife Nirmala and wife of accused Basanta, namely Rashmita (petitioner nos.1 to 3) were rejected on the ground that they