GHANASHYAM JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order dated 22-9-1995 passed in G.R. Case No. 313 of 1991 by the learned Judicial Magistrate First Class, Rampur taking cognizance against the petitioner and some others under Sections 147, 452, 364, 302, 201, 120-B/149, IPC and issuing process for appearance on the basis of the supplementary charge-sheet filed by the Investigating Officer in Dunguripali P.S. Case No. 126 of 1991 and the order dated 24-2-1996 rejecting the petitioner's application to recall the order of cognizance.

(2.) The short fact of the petitioner's case is that he had earlier moved this Court in Crl. Misc. Case No. 1119 of 1992 against the order of cognizance and this Court by order dated 24-11-1992 had quashed the cognizance holding that there are no sufficient material on record for a finding that a prima facie case showing criminal conspiracy amongst the applicant and his follower to kill both or any one of the deceased persons. As against the said order, the State Government had moved the Apex Court, but the Special Leave Petition was dismissed. The prosecution case is that, on 11-12-1991 one FIR was lodged alleging therein that the petitioner is the Joint Secretary of Food Corporation of India Workers' Union and the F.C.I. have its different branches throughout the State of Orissa and the workers of those branches were controlled by their respective Sardars. One such branch is at Dunguripali, where the deceased-Pravakar Swain and Arjun Lenka were workers. On 11-12-1991 at 7 a.m. one Batakrushna Mohanty, who was working as Labour Sardar in Dunguripali Branch reported at Dunguripali P.S. that one Bansidhar Das and Sarbeswar Patra, who were working as labourers in Dunguripali Branch came to their village in the company of some labourers of Jharsuguda Branch and forcibly took away both the deceased persons namely Pravakar Swain and Arjun Lenka in the truck and they apprehended danger to their life, since there were Union rivalry. On 13-11-1991. Pravakar Swain had brought out a news item in the Oriya daily "Sambad" making certain allegation of illegal activities against the present petitioner and other office-bearers. Subsequently, the dead bodies of the two deceased persons were found on the road. The Police registered a case under Sections 147, 149, 452, 364, 302, 201, 114/120-B, IPC on 23-6-1992 against the present petitioner and 32 others. Cognizance of the offences were taken against all the accused persons including the petitioner. The prosecution alleged a criminal conspiracy against the accused persons in forcibly taking away both the deceased in the Truck and in killing them. The dead bodies were thrown on the road running from Dunguripali to Sambalpur.

(3.) The petitioner preferred Criminal Misc. Case No. 1119 of 1992 as against the order of cognizance and this Court in order dated 24-11-1992 quashed the said order of cognizance against the petitioner. However, the State carried Special Leave Petition (Criminal) No. 1064 of 1993, which was ultimately dismissed on 8-12-1995 by the Hon'ble Supreme Court.