JUDGMENT

G. Satapathy, J.

The application by the petitioners U/S. 482 of Cr.P.C. impugns the order passed on 29.01.2010 by the learned J.M.F.C., Loisingha in G.R. Case No. 125 of 2009 taking cognizance of offences U/Ss. 376/417/506/34 of the IPC or alternatively for the offence U/S. 376 of the IPC.

2. The short background facts are, on 07.08.2009 at about 11.45 AM, OP No.2 lodged a FIR against the petitioners before the J.M.FC. Loisingha P.S. alleging therein that on the allurement of marriage, petitioner No.1 had been keeping physical relationship with her for since last six months and as a consequence thereof, when she became pregnant of two months, the petitioner No.1 is deceiving her and petitioner No.2 had been threatening to kill her if she disclose the incident.

On receipt of such FIR, Loisingha P.S. Case No. 125 of 2009 was registered U/Ss. 376/506/34 of the IPC which was investigated into resulting submission of charge sheet against the petitioners for offence U/Ss. 417/506/34 of the IPC, but not withstanding to the submission of charge sheet of aforesaid offences, the learned J.M.F.C., Loisingha by way of a detailed order took cognizance of offence U/Ss. 376/417/506/34 of the