GANESH PRASAD SAHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order passed by the learned trial Judge framing charge against him Under Section 412, Indian Penal Code (I. P. C.) is being assailed by the petitioner in this application filed Under Section 482, Criminal Procedure Code, 1973 (Cr. P. C).

(2.) THE petitioner Ganesh Prasad Saha was arrayed as one of the accused persons in G. R. Case No. 460 of 1987 (Jankia P. S. Case No. 88 of 1987) which is now pending in the Court of the Asst. Sessions Judge, Khurda in Sessions Trial Case No. 27/169 of 1989. The Investigating Officer filed charge -sheet Under Sections 457/395/412, I. P. C. and Section 9(B) of the Indian Explosives Act. When the Asst. Sessions judge considered framing charge against the accused persons, an application was filed on behalf of the petitioner that there is no material on record to proceed against him in the case and therefore he should be discharged. The learned Asst. Sessions Judge by the impugned order rejected the prayer and framed charge against him Under Section 412, I. P. C. observing as follows: '............There is evidence to frame charge against all the accused persons except Ganesh Prasad Saha under Sees. 457/395 I. P. C. and Section 9(B) of the Indian Explosives Act. There is prima facie evidence to frame charge agains Ganesh Prasad Saha Under Section 412 , I. P. C. Charge as such is framed against the accused persons and read over and explained to them to which they pleaded not guilty and claim trial.........' This order is under challenge in the present proceeding.

(3.) ON the contentions noted above, the questions that falls for determination are whether on the materials on record the learned Asst. Sessions Judge was right in framing charge Under Section 412, I. P.C. against the petitioner and the scope of interference with the impugned order by this Court in exercise of the power Under Section 482, Cr. P. C.