KARTIKESWAR PATNAIK Vs. SATE OF ORISSA AND ANR.

JUDGEMENT

(1.) PETITIONER has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') with the prayer to set aside the order of conviction and sentence passed against him in Criminal Misc. Case No. 1 0 of 1995 initiated under Section 350 of the Code by the Assistant Sessions Judge, Balasore, vide the impugned order dated 20.7.1995.

(2.) A brief reference to the background fact will suffice the purpose + to dispose of the application under Section 482, of the Code. On the basis of the F.I.R. lodged by one Dhirendranath Barik relating to dacoit committed in his house at about 8.30 P.M. on 20.1.1993, Khantapada P.S. Case No. 8 of 1993 was registered. On completion of the investigation, Petitioner as the Circle Inspector of Police, Sadar, Balasore, filed the charge -sheet for the offence punishable under Section 395, I.P.C. against one Sk. Chinna Mohammad alias SIC Sabeer Mahammad in G.R. Case No. 96 of 1993 of the Court of S.D.J.M. Balasore, After commitment of the case to the Court of Session, it was transferred to the file of Additional Sub Judge -cum -Assistant Sessions Judge, Balasore for disposal according to law and there it was registered as S.T. case No. 9/5 of 1995. There were altogether, 14 witnesses cited in the charge -sheet. On 1.9.1995, the case ended in acquittal after examination of six out of fourteen witnesses mentioned in the charge -sheet. In course of trial, on 10.4.1995, P. Ws. 4,5 and 6 were examined and the Associate Public Prosecutor filed - an application for time to examine the present Petitioner as one of the Investigating Officers, and while allowing that application, learned Assistant Sessions Judge directed that if the Petitioner shall not appear by 18.4.1995, then cognizance under Section 350, Code of Criminal Procedure would be taken against him. Thereafter between 18.4.1995 to 25.8.1995, the case was adjourned to several dates. On the aforesaid dates several orders were passed insisting on the appearance of the Petitioner (I.O.) including issue of warrant and direction to the Superintendent of Police for execution of the same. On 25.8.1995 an order passed by this Court in Criminal Misc. Case No. 1908 of 1995 (i.e., order dated 4.8.1995 passed in Misc. Case No. 826 of 1995 arising out of Criminal Misc. Case No. 1908 of 1995) was produced before the trial Court, wherein Hon'ble Shri Justice R.K. Patra, J had passed order that:

(3.) ACCORDINGLY , the Criminal Misc. case is dismissed. The stay order passed by this Court relating to non -execution of the sentence of fine shall remain operative for a further period of one month or until appropriate order is passed by the appellate Court, if any such appeal shall be preferred in the mean time, whichever occurs earlier.