Somya Ranjan Parida vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Somya Ranjan Parida – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Petitioner:Mr. A.R. Das, Advocate
For the Opp. Parties :Mr. P.K. Pattnaik, AGA, Mr. D. Nayak, Sr. Advocate

Table of Content
1. challenge to the cognizance order. (Para 1 , 2)
2. court's scrutiny of allegations and evidence. (Para 3 , 6 , 7 , 8 , 9)
3. petitioner's arguments against cognizance. (Para 4 , 5)
4. suspicion is not sufficient for cognizance. (Para 10)
5. quashing of impugned order. (Para 11)

JUDGMENT :

G.SATAPATHY, J.

The Petitioner has challenged the order passed on 25.04.2014 by learned S.D.J.M., Bhadrak in protest petition in 1CC Case No.404 of 2013 taking cognizance of offence U/Ss. 302/34 of IPC as well as the issuance of process against the Petitioner and others and consequently, the complaint in an application U/S. 482 Cr.P.C.

2. The factual matrix in nutshell is that on 11.05.2011, one Bibhu Prasad Dash was found drowned in river Salandi at Bagurai Ghat near Januganj railway bridge and accordingly, Bhadrak Rural P.S U.D. Case No. 26 of 2011 was registered which was inquired into, but being dissatisfied, the father of deceased namely Satya Narayan Das presented a report addressing IIC Bhadrak Police Station on 15.11.11 which was registered as FIR vide Bhadrak Rural P.S. Case No. 487 of 2011 corresponding to G.R. Case No. 1848 of 2011 of the Court of S.D.J.M., Bhadrak in obedi