ARUN KUMAR BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court, the petitioner has filed the present Criminal Misc. case with a prayer to quash the order dated 1.10.2002 passed by the S.D.J.M., Jajpur in G.R. Case No. 573 of 2002 taking cognizance of offences against him under Sections 148/307/325/323/324/294/149 of the Indian Penal Code and directing issue of process against him.

(2.) Mr. Sahoo, learned counsel for the petitioner, forcefully submitted that after investigation the O.I.C. of Jajpur P.S. submitted chargesheet, in Jajpur P.S. Case No. 75 dated 28.5.2002 out of which the present G.R. Case arises, against twelve accused persons. Though the petitioner was named as an accused in the FIR, the OIC submitted final form so far as he was concerned besides four others. Thus, according to the learned counsel, the Court below acted illegally and with material irregularity in not accepting the final form submitted by police and directing issue of process against the petitioner.

(3.) Mr. Sahoo relying on several decisions as mentioned in para-7 of this Criminal Misc. Case petition submitted that in a sessions triable offence when charge sheet is not filed against some accused, the Magistrate lacks jurisdiction to add him as an accused and the only course available to the Magistrate is to add the said person in consonance with Section 319 CrPC. In the present case admittedly that stage having not reached, the impugned order is vulnerable.