ABDUL GAN AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) NONE appears.

(2.) THIS application under Section 482, Code of Criminal Procedure is of the year 1996. The further proceeding of S.T. No. 2/185 of 1996 -1995 of the Court of Additional Sessions Judge, Balasore has remained stayed. The case is at the stage of admission. Under such circumstances, this Court proposes to dispose of this application on perusal of the grounds advanced in the application under Section 482, Code of Criminal Procedure, so also after perusal of the materials available on the lower Court's record.

(3.) AS it appears from the contentions advanced by the Petitioners in their application under Section 482, Code of Criminal Procedure they bank upon the statements of witnesses recorded under Section 161, Code of Criminal Procedure to substantiate their plea of innocence. Law is well settled that charge can be framed against a person if there exists a prima facie case. So far the present case is concerned, the statement of the witnesses under Section 164, Code of Criminal Procedure makes out a prima facie case implicating the Petitioners for the aforesaid alleged offences. Whether or not the statement of the witnesses under Section 164, Code of Criminal Procedure will be found credible as against the statement recorded under Section 161, Code of Criminal Procedure that is a matter for consideration at the time of trial. The said contradictions in the statement cannot be the ground to reject the prosecution case at the threshold by granting an order of discharge inasmuch as an order of discharge under Section 227, Code of Criminal Procedure is permissible only in the absence of sufficient ground for proceeding against the accused, Contradiction of the aforesaid nature cannot be regarded as absence of sufficient ground to frame charge. of course, if such witnesses shall fail to explain the contradiction, accused persons may utilise the same in furtherance of the defence and the plea of innocence. Upon perusal of the statements on record this Court finds existence of a prima facie case for framing of charge. Perhaps for that reason, Petitioner's application under Section 482, Code of Criminal Procedure to quash the cognizance was also turned down. This Court does not find any reason to interfere with the impugned order -and accordingly the Crl. Misc. Case is not admitted and it is rejected on merit. Send back the L.C.R. along with a copy of this order to the Court below immediately with a direction that trial of the case be resumed as expeditiously as possible and it be completed by resorting to day to day trial and by avoiding liberal adjournments.