08. 01.03.2019

The

petitioner

by

filing

this

application

has

impeached an order dated 27.07.2017 passed by the

learned

Assistant

Sessions

Judge-cum-Special

Track

Court, Bhadrak in S.T. Case No. 74/313 of 2016. By the

said order, the learned court below has rejected the

petition filed by the petitioner for his discharge.

It is seen that the petitioner for that discharge has

raised two grounds. First one is that the written complaint

lodged by the petitioner in relation to incident wherein the

members of the prosecution party were the assailants has

not been properly investigated and that final report having

been submitted as false, the matter being pending before

this Court in CRLMP No. 26 of 2017, the framing of charge

in the case is not permissible. The second ground is that

the injury on the person of the injured having been found

to be simple in nature, no prima facie case under section

307 of the IPC is made out.

Learned counsel for the State as also learned counsel

appearing for the opposite party no. 2 submit that even if a

counter case runs for the incident, it has no such legal

impact on the order of framing of charge in the ca