CHAITANYA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS CRLMC arises out of a petition under S.482, CrPC filed on behalf of the petitioners where they threw the gauntlet to the order dated 20-2-2004 passed by the JMFC, Purusottampur in G.R. case No. 110 of 1996A refusing to reconsider the order of taking cognizance for the offence under S.148/324/506/302/149, IPC dated 5-12-1996.

(2.) IN the aforesaid G.R. case police submitted charge sheet against the accused persons other than the petitioners. Learned JMFC, Purusottampur took cognizance of the aforesaid offences against the charge sheeted accused persons and the petitioners whose name did not find place in the charge sheet vide order dated 15-12-1996 and issued process against them.

(3.) ACCORDINGLY , the petitioners approached the Court below and filed a petition to reconsider the order of taking cognizance against them. Learned JMFC again rejected the petition inter alia holding that the case record was not available with him. Being aggrieved with the said order, the petitioners preferred CRLMC No. 910 of 2003 before this Court. In course of hearing since learned counsel for the petitioners submitted that in the meantime the trial against the charge sheeted accused persons had already been disposed of resulting in their acquittal, and as such the record could be made available to the JMFC, this Court vide order dated 25-7-2003 held as follows : -