BABUJAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court U/S. 482 of Cr.P.C. by praying for the following relief:-

(2.) An overview of facts involved in this case are on 1/6/2009, the DSP, STF Bhubaneswar namely Praveen Chandra Tripathy, lodged an FIR against nineteen accused persons before the SP STF, CID, Crime Branch, Bhubaneswar, who registered STF P.S. Case No. 07 of 2019 and directed another DSP to investigate the case and accordingly, on 27/9/2019 the DSP Ram Chandra Thamb (I.O.) after investigation submitted charge sheet against nine accused persons for commission of offence punishable U/Ss. 379/ 411/ 420/ 467/ 468/ 471/120(B)/34 of IPC r/w Sec. 25/27 of Arms Act and Sec. 3/4/5 of Explosive Substance Act with Sec. 51 of OMMC Rule, 2016 by keeping the investigation open U/S. 173(8) of Cr.P.C. for collection of further evidence and to examine the complicity and the apprehension of other accused persons involved in this case.

(3.) On 20/2/2020, the I.O., however, placed the second charge sheet against twenty accused persons including the earlier nine accused persons by keeping investigation open U/S. 173(8) of Cr.P.C., on the self same grounds. Further, on 27/5/2021, the I.O. placed third and final charge sheet against forty five accused persons including the earlier accused persons and the present petitioner as an accused persons for the self same offences. The petitioner claims that since no judicial order was passed for keeping the investigation open, the charge sheet against him is bad and cannot sustain in the eye of law and he, thereby, prays to invoke the jurisdiction of this Court U/S. 482 of Cr.P.C. to quash the order taking cognizance of offences.