SANGRAM KESHARI BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up for final disposal with the consent of learned counsel of both the sides.

(2.) Heard Shri R. Mohapatra, the learned counsel for the petitioner and Shri D.R. Mohapatra, the learned Addl. Govt. Advocate for the State.

(3.) This is a petition under Section 482, Cr.P.C. wherein the petitioner has challenged the legality of the order dated 31.7.99 passed by the learned J.M.F.C., Salipur in G.R. Case No. 98 of 1999 issuing process against him. It appears from the impugned order that on receiving the final form the learned Magistrate took cognisance of the offences under Sections 448, 376, 511, 506 read with Section 34, I.P.C. It appears that though the petitioner's name does not find place in the charge-sheet, the learned Magistrate decided to issue process against him since he was earlier arrested. The course adopted by the learned Magistrate is against the principle laid down by the Apex Court in wherein it has been held that process against persons not charge-sheeted though named in he F.I.R. cannot be issued by the Magistrate on taking cognisance of the offence on receiving the final form and such person or persons can only be added as accused in exercise of power under Section 319, Cr.P.C. when some evidence are brought on record in course of trial.