CHIRANTAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Section 482 Code of Criminal Procedure has been filed by the Petitioner-Chirantan Sahu with a prayer to quash the proceeding in G.R. Case No. 223(A) of 2003 (Arising out of Sohela P.S. Case No. 103 of 2003) pending before the learned J.M.F.C., Sohela inter alia on the ground that two of the co-accused persons who have faced trial for offences under Sections 399, 402 I.P.C. and had been acquitted by the learned Assistant Sessions Judge, Padmapur vide judgment dated 8.10.2004 in S.T. Case No. 150 of 2004.

(2.) Mr. B.B. Routray, learned Counsel appearing for the Petitioner placed reliance on a judgment of this Court in the case of Kanhu Behera v. State of Orissa, 2005 2 OrissaLR 386 and stated that since no prima facie case has been made out against the Petitioner and the co-accused persons who faced trial have been acquitted, chance of conviction of the Petitioner being totally bleak, the order of cognizance and the proceeding against the Petitioner in the aforesaid criminal proceeding pending before the J.M.F.C., Sohela may be quashed.

(3.) The learned Standing Counsel appearing on behalf of the State submitted that the Petitioner though was named as a co-accused in the F.I.R. and was also named as an accused in the charge sheet submitted in the case, he remained as an absconder and, therefore, did not face trial and should not be permitted to take advantage of an order of acquittal passed in the case of co-accused persons.