SUDHAKAR DAS Vs. DAYANIDHI SIC

JUDGEMENT

(1.) THIS is a complainant's appeal against an order, dated 11-7-1963 passed by the sub-divisional Magistrate, Bhubaneswar, acquitting the respondents of an offence under Section 411, Indian Penal Code.

(2.) ACCUSED Dayauidhi is the Manager and accused Ganesh is an employee of messrs. Patnaik Industries (P.) Limited, Bhubaneswar. P. W. 1, Sudhakar Das, is the managing director of another concern known as Orissa Concretes Products ltd. , near about the above firm at Bhubaneswar. On 17-6-1961, P, W. 1 came to know that some high-tension steel wires had been stolen from their factory. On 16-6-1961 at about 8 in the morning, P. W. 1 went to the factory premises of patnaik Industries and found one coil in their store which he identified as their coil. Accused Dayanidhi was then absent from the factory. So P. W. 1 went to his residence and informed him that one of their missing coils was found in the premises of Patnaik Industries. Dayanidhi felt surprised and promised to look into the matter. Sometime after though Dayanidhi came to the factory, he avoided to cooperate with P. W. 1 when the latter wanted to see their stores. So P. W. went to the Police station and lodged F. I. R. (Ex. 1 ). The police came to the spot, out found that the coil had then been cut into several pieces, though a portion of it was there. As there was some delay by the Police in completing the investigation of the alleged theft of the coil, P. W. 1 filed a complaint petition in the Court of the S. D. Magistrate on 29-7-1961. The magistrate examined the complainant on oath but as it was disclosed that an F. I. R. had already been with the Police, the Magistrate asked the officer-in-charge of the Capital Police Station to submit a report. Though the case was adjourned from time to time for about a year, the Police did not file the final Form. So on 1-8-1962 the Sub-divisional Magistrate brought this matter to the notice of Assistant superintendent of Police Bhubaneswar and on 10-8-1982 took cognizance and summoned both the accused under Section 411, Indian Penal Code. In the meanwhile the police having started a G. R. Case, the Magistrate by his order dated 30-8-1982 directed that G. R. Case should be clubbed with the complaint case.

(3.) THE plea of the accused was one of denial. Their case was that the coil in question was a part of their stock and was not an article of theft.