LAWS(ORI)-1980-3-8

THE STATE Vs. PURUSOTTAM BEHERA

Decided On March 31, 1980
THE STATE Appellant
V/S
Purusottam Behera Respondents

JUDGEMENT

(1.) THIS is a reference made under Section 395(2) of the Code of Criminal Procedure by the learned Sessions Judge of Cuttack recommending the setting aside of the order of commitment and calling upon the Magistrate to dispose of the case in accordance with law.

(2.) THE brief facts occasioning the reference are these: On the information given by the Tahsildar of Jajpur that his Nazir (opposite party) had misappropriated Government money to the tune of Rs. 36,592.41 in course of employment, Jajpur P.S. Case No. 160 of 1976 was registered on 12 -9 -1976. After investigation, charge -sheet was submitted against the opposite party alleging commission of an offence punishable under Section 409 of the Penal Code. The charge -sheet was received by the Sub -Divisional Judicial Magistrate on 13 -2 -1978. Several adjournments were given on the ground that copies of police papers had not been supplied to the accused Ultimately without framing charge, the learned Magistrate passed the following order on 11 -2 -1980:

(3.) IN the instant case, the learned Magistrate has passed the order of commitment by resorting to Section 323 of the Code which provides: