PINTU SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Biramitrapur P.S. Case No. 139 of 2023 corresponding to G.R. Case No. 296 of 2023 pending in the court of the learned J.M.F.C., Biramitrapur under Ss. 457 and 395 of IPC read with Sec. 25 of the Arms Act.

(2.) Letter of Inspector, Mr. A.K. Jena, TIC, Biramitrapur Police Station submitted with the carbon copy of the up-to-date case records and other related documents, indicates that on verification of the criminal antecedents of petitioner no.1-Pintu Sahoo, as per CCTNS data, nothing adverse was found against him except this case. Interestingly, S1.12 of the documents is a one note page of his criminal antecedents. But the said one note page of criminal antecedent has not been enclosed with the case diary. The letter indicates that 53 sheets have been provided but only 52 sheets have been provided in the case diary which has been submitted in the Office of the learned Advocate General.

(3.) The forwarding report of the accused persons available in the case diary indicates that the petitioner no.1-Pintu Sahoo has four criminal antecedents, namely, (1) Biramitrapur P.S. Case No. 136 of 2007 under Sec. 392 of IPC, (2) Biramitrapur P.S. Case No. 185 of 2017 under Sec. 379 of IPC, (3) Biramitrapur P.S. Case No. 124 of 2019 under Sec. 395 of IPC/25 and 27 of the Arms Act and (4) Lahunipara P.S. Case No. 194 of 2021 under Ss. 399/402 of IPC / 25 (1-B) (a) of Arms Act and co-accused Rohit Tirkey has 4 other criminal antecedents.