JYOTIRANJAN PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present application under section 482 of the Code of Criminal Procedure, the petitioner -Jyotiranjan Patra has made a prayer for quashing of the further proceeding in G.R. Case No. 725 of 2006 arising out of Berhampur Sadar P.S. Case No. 113 of 2006 pending in the Court of the learned S.D.J.M., Berhampur for commission of the alleged offences under sections 147, 148, 448, 294, 323, 427 and 506/149, I.P.C. read with section 3 (1) (x) of S.C. and S.T. (P.A.) Act and section 3 of the Explosive Substantces Act.

(2.) LEARNED Counsel for the petitioner submitted that while the petitioner was never named in the F.I.R. as an accused, on 28.5.2006, wherein 12 persons had been specifically named along with 400 to 500 people in a mob, the petitioner has been implicated as an accused on the basis of the statements recorded by the police under section 161, Cr.P.C.

(3.) FROM the records of the proceeding, it appears that the investigating officer has made a prayer before the learned S.D.J.M., Berhampur for issuance of N.B.W. against the petitioner and some other persons. Accordingly, by order dated 22.4.2008, the learned S.D.J.M. issued N.B.W. against the petitioner. The petitioner had moved this Court in B.L.A.P. No. 9784 of 2008 and by order dated 18.8.2008, he was directed to be released on bail on his surrendering and accordingly, the petitioner surrendered before the learned S.D.J.M. and has been released on bail. It is asserted by the petitioner that although more than three years have since elapsed, no charge -sheet has yet been filed and, therefore, it can be safely presumed that no case has been made out against the petitioner for the alleged offences and the proceedings against the petitioner is liable to be quashed.