DEEPAK ORAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) I have heard Mr. L.N. Patel, learned counsel for the petitioner and Mr. J. Katikia, learned Addl. Govt. Advocate for the State.

(2.) This application under Sec. - 482 of the Cr.P.C. had originally been filed on 27/10/2016 with a prayer for " setting aside / quashing the order dtd. 29/9/2005 passed by the learned S.D.J.M., Sambalpur in C.T. Case No. 2058 of 2011 arising out of Jujumara P.S. Case No. 57 of 2004". On 11/1/2017, M.C. No. 129 of 2017 for amendment was filed in Court for amendment of the prayer portion. It was allowed on the same day .The consolidated petition was filed in court on the same day. On 13/1/2017, this Court directed the learned counsel for the petitioner to get the up-to-date ordersheet in C.T. Case No.2058 of 2011 from the Court of the Learned S.D.J.M., Sambalpur after which M.C. No. 509 of 2017 was filed on 1/3/2017 for amendment of the case number mentioned as "C.T. Case No 2058 of 2011" in paragraphs 1, 9, 13 and the prayer portion to "C.T. Case No.2058(A) of 2004". Prayer for amendment / correction was allowed on 7/3/2017 and consolidated petition was filed in court on the same day.

(3.) In the consolidated application filed on 7/3/2017 of the Code of Criminal Procedure, prayer has been made for " quashing the entire proceeding pending in the Court of the learned S.D.J.M., Sambalpur in C.T. Case No. 2058(A) of 2004 arising out of Jujumara P.S. Case No. 57 of 2004". Copy of the order dtd. 29/9/2005 passed in C.T. Case No.2058 of 2011 has been annexed as Annexure-1. Copy of the FIR in Jujumara P.S. Case No.57 of 2004 has been annexed as Annexure-2. Copy of the judgment in S.T. Case No.183/76 of 2011 has been annexed as Annexure-3 and copies of the depositions of P.W.1 to P.W.6 have been annexed as Annexure-4 series to the CRLMC.