SABITRI JENA Vs. KAMALAKANTA SWAIN

JUDGEMENT

(1.) This CRLC arises out of a petition filed under Section 482 of Cr. P. C. challenging the order dated 9-3-2005 passed by the J. M. F. C., Salipur in I. C. C. case No. 126 of 2004 wherein he committed the said case to the Court of Special Judge-cum-Sessions Judge, Cuttack in absence of the accused-opp. party, giving rise to S. T. case No. 236 of 2005.

(2.) On the complaint made by the petitioner, the 'aforesaid case was registered against the accused opp. party. After examining the complainant- petitioner and holding inquiry under Section 202 of Cr. P. C. cognizance was taken for the offence under Section 294 of I. P. C. and Section 3 of S. C. & S. T. (P.A.) Act and summons was issued to the accused-opp. party for his appearance fixing the qase to 9-3-2005. On 9-2-2005 the accused petitioner through his counsel filed a petition under Section 205 of Cr. P. C. to dispense with his personal attendance in the Court on each date of posting of the case and to permit him to appear through his counsel. The petition was allowed. On 9-3-2005 the statement of the complainant petitioner and the statement recorded under Section 202 of Cr. P. C. were supplied to the learned counsel appearing for the accused-opp. party in terms of Section 208 of Cr. P. C., in absence of the accused opp. party. The case was committed to the Court of Special Judge-cum-Sessions Judge, Cuttack and the counsel appearing for the accused opp. party was directed to give an undertaking that the accused opp. party would appear before the Court of special Judge-cum-Sessions Judge, Cuttack on 31 -3-2005. Accordingly an undertaking was filed.

(3.) Being aggrieved with the order of commitment of the case to the Court of Special Judge cum Sessions Judge, Cuttack in absence of the accused opp. party, the complainant petitioner has preferred this CRLMC.