SARANGADHAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 3.5.2007 passed by learned Ad hoc Addl. Sessions Judge (FTC), Athgarh in Criminal Misc. Case No. 1 of 2007 wherein the Appellant has been found guilty of the offence Under Section 350 of the Code of Criminal Procedure (in short, "the Code of Criminal Procedure") and on being convicted was sentenced to pay a fine of Rs. 100/ - in default to undergo S.I. for 10 days.

(2.) THE Appellant was the Investigating Officer in Gurudijhatia P.S. Case No. 166 of 2003 corresponding to G.R. Case No. 440 of 2003 in the file of S.D.J.M., Athgarh. This case was registered for the offence Under Section 376, I.P.C. The case being one triable by the court of Sessions was committed to the court of Sessions and was registered as ST. No. 119 of 2006 in the file of the learned Ad hoc Addl. Sessions Judge (FTC), Athgarh. It appears from the impugned order that the Appellant who was the Investigating Officer in the case did not appear for recording his evidence despite the fact that wireless messages were sent on different dates including the messages dated 30.11.2006, 20.12.2006, 6.1.2007, 11.1.2007 and 25.1.2007. It further appears from the impugned order, the Appellant appeared before the court on 13.3.2007 and his evidence were recorded. Since the Appellant did not appear despite repeated wireless messages and letters for which, the learned court below initiated a proceeding Under Section 350, Code of Criminal Procedure and took cognizance of the offence and that proceeding was registered as Criminal Misc. Case No. 1 of 2007. The learned court below by order dated 13.3.2007 issued notice to the Appellant requiring him to show cause during the course of the court hour i.e. within 4.00 P.M. as to why he should not be punished Under Section 350, Code of Criminal Procedure It appears, the Appellant filed his show cause stating that he has not intentionally avoided to appear in the court for recording his evidence and he may be excused.

(3.) CONSIDERING the show cause filed by the Appellant, the learned Ad hoc Addl. Sessions Judge (FTC) convicted the Appellant Under Section 350, Code of Criminal Procedure and imposed punishment as aforesaid. Hence, the Appellant has filed the present appeal.