SANTOSH KUMAR MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application under Section 482 Cr.P.C. invoking inherent jurisdiction of this Court seeking to expunge the word "absconder" in the charge-sheet no. 143 dated 24.8.2011 and to quash the consequential order dated 13.5.2011 passed by the learned S.D.J.M. (S), Cuttack in G.R. Case No. 102 of 2011 arising out of Madhupatna P.S. Case No. 6 of 2011 issuing N.B.W.(A) against him under Annexure-2.

(2.) The fact of the case as revealed from the F.I.R. lodged by the informant, Ashok Kumar Swain, the proprietor M/s. Laxminarayan Enterprises which was registered as Madhupatna P.S. Case No. 6 of 2011 dated 28.1.2011, against the petitioner along with two others under Sections 381/411/34, IPC, is that the petitioner along with some other persons have stolen away some valuable articles from his godown. It is alleged that on 25.1.2011 the petitioner and his associates transported those materials by an Auto Rickshaw from Khannagar Fish Market to Pithapur worth of which IS around Rs.4,70,000/- vide Annexure-1.

(3.) After filing of the F.I.R. under Annexure-1 apprehending arrest, the petitioner approached this Court by filing an application under Section 438 Cr.P.C. which was registered as BLAPL No. 2624 of 2011 and this Court disposed of the same on 09.02.2011 with the following order: