ORDER : A.K. Mishra, J. 1. Heard learned counsel for the petitioner and Learned Addl. Government Advocate Mrs. Saswat Pattnaik. 2. In this case prayer has been made to quash the order dtd. 29.09.2010 of learned S.D.J.M., Berhampur in G.R. Case No. 651 of 2009 on the ground that there is no material to connect this accused - petitioner with the incident. 3. While investigating in Bad Bazar P.S. Case No. 79 dtd. 19.08.2009, I.I.C., Badabazar P.S. received information on 20.09.2009 at about 5.30 P.M. that the accused persons had taken shelter at village Dura. He proceeded along with other staff. While approaching the spot, accused persons hurled bomb and escaped. Police personnel sustained injuries. On his written report Gopalpur P.S. Case No. 70 dtd. 20.08.2009 was registered and after investigation charge sheet was submitted basing upon which cognizance was taken U/s. 212, 307, 332/34 of the Indian Penal Code and U/s. 3 & 4 of Explosive Substance Act. Sufficient ground was found to proceed against 8 accused persons including the present petitioner. 4. Learned counsel for the petitioner submits that the prayer has been made to quash the proceeding only against the present petitioner Bijay Kumar Nayak. 5. It is submitted that the present petitioner is the owner of abandoned rice mill of which backyard pucca floor was allegedly used by the culprits at the time when police approached them to apprehend and basing upon that the F.I.R. was lodged. Except that no other material is available against the present petitioner. 6. It is further submitted that in Bad Bazar P.S. Case No. 79 dtd. 19.08.2009 the present petitioner was not an accused nor had he given shelter to any culprit in his abandoned rice mill. 7. Learned counsel for the petitioner further submits that neither any witness has stated about the presence of this accused at the spot nor any test identification parade has been conducted and thereby no connecting link is available between the present petitioner and the alleged occurrence. 8. Basing upon above facts, it is urged that only because the petitioner is the owner of the abandoned rice mill of which backyard pucca floor was used without his knowledge, he cannot be put to trial and for that the cognizance order needs to be quashed as against him. 9. 8. Basing upon above facts, it is urged that only because the petitioner is the owner of the abandoned rice mill of which backyard pucca floor was used without his knowledge, he cannot be put to trial and for that the cognizance order needs to be quashed as against him. 9. Having gone through the materials available on record, I am of the considered opinion that there is no material available to connect the present petitioner Bijaya Kumar Nayak with the alleged occurrence save and except that he is the owner of the abandoned rice mill of which backyard pucca floor was used by other culprits when police approached them to apprehend. 10. In that view of the matter continuance of the legal proceeding against the present petitioner will be an abuse of process of the court, hence needs to be quashed. 11. Accordingly the proceeding in G.R. Case No. 651 of 2009 corresponding to Gopalpur P.S. Case No. 70 dtd. 20.08.2009 of the court of learned S.D.J.M., Berhampur, in respect of petitioner Bijay Kumar Nayak, is hereby quashed. 12. The CRLMC is accordingly allowed. 13. Issue urgent certified copy on proper application.