RANJAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have filed the present application Under section 482 of the Code of Criminal Procedure praying to quash the order dated 31 3 2000 passed by the learned J. M. F. C. (P), Kujanga, in G. R. case No. 510 of 1998 taking cognizance of the offence under sections 147, 148, 302, 149, I.P.C., By the said order, the learned Magistrate has also held that as materials are available to proceed against the accused persons (petitioners), N. B. W. be issued for their production.

(2.) ON the basis of an F. I. R. lodged at Ersama police station on 27 11 98. G.R. case No 510 of 1998 was instituted against the petitioners who are named in the F. I. R. . It is alleged that the aforesaid accused persons assaulted the brother of the informant by means of sticks and Bhujalis, as a result of such assault, the brother of the informant sustained grievous injuries. He was taken to Cuttack for treatment where he was declared dead. In course of investigation, the Investigating Officer went to the spot, examined the witnesses and Collected post mortem report. However, ultimately submitted Final Report with a note that there was insufficient evidence.

(3.) SRI Nayak, learned counsel for the petitioner relying upon a decision reported in the case of Kishore Singh and others v. State of Bihar and another, 2000 (19) O.C.R. (S. C.) 647 submitted that as the police did not submit charge sheet, the learned Magistrate acted illegally and with material irregularity in issuing processes against the petitioners. On the basis of the submissions advanced by the learned counsel for the petitioners, the point of law which needs to be determined in the present case is as to whether the Magistrate has jurisdiction to take cognizance of an offence and proceed against the accused persons who are named in the F. I. R., against whom materials are available on record, but the police did not submit charge sheet.