SANTOSH KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. M.R. Behera, learned counsel for the petitioner and Mr. Kanungo, learned Additional Standing Counsel on behalf of the State.

(2.) In this application under Section 401 Cr. P.C., the petitioner has sought to challenge the order dated 11.10.2010 passed in G.R. Case No. 88 of 2008, whereby, the learned J.M.F.C., Baramba has been pleased to frame charges under Sections 409, 420, 467 & 120(B) of I.P.C. against the present accused petitioner in his absence. The order further indicates that the contents of the charge were read over to the "representing lawyer" for the accused person to which he pleaded not guilty and claimed for trial.

(3.) Learned counsel for the petitioner asserts that this is not permissible in view of the mandatory requirements of Section 240 Cr. P.C. and in particular Sub-Section (2) thereof, which is quoted herein below: