(1.) This application under Section-482 Cr.P.C. has been filed by the petitioner-accused seeking to challenge the order dated 13.09.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Athagarh in S.T. Case No.33 of 2006 arising out of Athagarh P.S. Case No.49 of 2000, whereby, an application under Section 311 Cr.P.C. to summon one Palu @ Ajaya Kumar Barik, the younger brother of deceased Kalu @ Bijay Kumar Barik filed on behalf of the prosecution, came to be allowed.
(2.) Mr. Sangam Kumar Sahoo, learned counsel for the petitioner has sought to assail the impugned order dated 13.09.2010, on the ground that the impugned order suffers from error of record and nonapplication of judicial mind to the ratio of various cited decisions, in the context of the facts and circumstances of the present case and, therefore, is liable to be set aside.
(3.) The case of the prosecution is that Urmila Pradhan (P.W.2) had adopted Bijayalaxmi as her daughter about 25 years ago and had arranged her marriage with one Biswanath Barik. Bijayalaxmi had given birth two sons, namely, Kalu @ Bijaya Kumar Barik (deceased) and Palu @ Ajaya Kumar Barik (witness sought to be summoned). Though Bijayalaxmi was married and staying in her matrimonial house, her deceased son Kalu @ Bijaya Kumar Barik was staying in the house of his maternal grand mother,namely, Urmila Pradhan (P.W.2) at Deulasahi. It is the further case of the prosecution that Urmila Pradhan had some land situated in the village-Machhia and she had given the said land to Laxman Patra (father of the present petitioner) for carrying out agricultural operation. Laxman Patra s grand son, namely, Abhaya Patra (absconding accused) was staying in the house of Urmila Pradhan since his childhood but since he had became wayward, Urmila Pradhan was very much dissatisfied with him. Urmila Pradhan wanted to sell the land which was being cultivated by Laxman Patra in order to obtain funds to purchase a vehicle for the deceased (Kalu @ Bijaya Kumar Barik), for which reason, she had approached Laxman Patra to return those lands in order to enable her to sell the same to another person. The petitioner and the absconding accused-Abhaya Patra protested to the said proposal and wanted to purchase the same land and since they could not arrange the necessary funds to purchase the land from Urmila Pradhan, Urmila Pradhan was looking for some other purchasers and, therefore, the petitioner-Akashaya Kumar Patra and the absconding accused, Abhaya Kumar Patra were dissatisfied with Urmila Pradhan over this issue.