SUSANTA KUMAR SAMANTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order dated 8.6.2000 passed by the learned J.M.F.C., Kantabanjhi in G.R. Case No. 37 of 1997 taking cognizance of offence under Section 304, part-II/34, IPC against him.

(2.) The facts as revealed from the F.I.R. are that on the date of occurrence the informant's son Thabir Majhi was taking some logs along with some of his co-villagers to sell at Kantabanjhi. It is alleged that the Forest Ranger and the Forester along with Forest Guards seized the logs and arrested them. It was further alleged that they also killed Thabir Majhi during investigation. On the basis of the F.I.R., Police registered Tureikela P.S. Case No. 9 of 1997 under Section 302/34, IPC and the O.I.C., Tureikela police station took up investigation. During investigation he arrested Forester, Santosh Kumar Bhoi and Forest Guards, namely, Pravas Chandra Pani, Jaladhar Mahananda, Sribatsa Kuanra and Kapiketan Swain on 3.3.1997 and forwarded them to the court. Ultimately, they were released on bail by the learned District & Sessions Judge, Bolangir on 17.3.1997.

(3.) In course of investigation, the Circle Inspector, Bangamunda took up the charge of the case and as per the order of the Superintendent of Police, Bolangir, the investigation and charge of this case was handed over to the Inspector, C.I.D., Crime Branch, Orissa, Cuttack. After thorough investigation of the case, as per the order of the Addl. D.G.P., Crime, C.I.D., Orissa Final Report as mistake of fact under Section 302/34, IPC was submitted on 6.11.1998. On receipt of the final report on 24.11.1998, notice was issued to the informant, who appeared through his Advocate and filed a protest petition on 25.1.1999/16.3.1999 and thereafter on hearing him the learned Magistrate accepted the final report and by order dated 19.4.1999 passed orders to destroy the seized articles after four months of the appeal period is over.