DEEPAK ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order of cognizance passed by the learned J.M.F.C., Baramba in G.R.Case No. 107 of 2003.

(2.) BASING on an FIR lodged by one Raj Kishore Mishra, Baramba P.S.case No. 105 (17) of 2003 corresponding to G.R.Case No. 107 of 2003 of the Court of learned J.M.F.C., Baramba was registered, investigation was conducted and charge -sheet was submitted arraying five persons including the present petitioner as accused. After perusing the final form, case diary etc., the learned J.M.F.C., Baramba took cognizance of the offences under Sections 458, 395, 511, 307, IPC and Sections 25/27 of the Arms Act and directed issue of N.B.W. against the petitioner. Aggrieved by the said order, the petitioner has filed the present application under Section 482, Cr.P.C. for quashing the said order of cognizance.

(3.) MR . M. Dhal, learned Addl. Standing Counsel, on the other hand, submits that although the informant could not name the culprits in the FIR, yet circumstantial evidence were collected during investigation, which establish involvement of the present petitioner in commission of the alleged offences. He submits that the driver of the maruti van, in which the culprits went to the spot and committed the alleged dacoity, has given statement that the petitioner was one of the dacoits. Learned Addl. Standing Counsel further submits that when the petitioner has remained absconder and has not yet been arrested, there was no scope of holding any T.I.Parade for his identification.