GOPINATH PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner calls in question legality of order dated 19.6.1993 passed by learned Sub-divisional Judicial Magistrate, Parlakhemundi refusing to accept petitioners prayer for discharge. He did not accept the contention that there was no material to frame charge, against him.

(2.) The allegations which necessitated the proceeding are to the effect that money was paid to a wrong person on the basis of identification made by the petitioner. One Sajani Bhuyan was to receive compensation on account of death of her husband Saka Sabara, arising out of an accident. Taka alias Thokat Sabara, son of deceased Saka Sabara was also to receive the amount of compensation. The amounts were to be paid by the Asst. Labour Commissioner, Berhampur. It transpired that on the basis of false identification money was paid to a wrong person. Cognizance was taken of offences punishable under sections 419, 420 read with section 34, I.P.C. Process was issued to the petitioner and three others.

(3.) Petitioners stand in essence is that on the basis of identification by the Ganju Gamango, a coaccused, who was Sarpanch of Serango Grama Panchayat, petitioner acted in good faith and made the identification of the person who received the amount. The learned S.D.J.M. on consideration of the application held that there was sufficient material to proceed against the petitioner. Accordingly prayer for discharge was rejected.