RANJAN KUMAR KHILAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) By means of the present application, the Petitioner seeks the indulgence of this Court praying to quash the order of cognizance dated 03.08.20115 in G.R. Case No.1102 of 2011 (arising of Ghatgaon P.S. Case No.148 of 2011) passed by the learned S.D.J.M., Keonjhhar under Annexure-2. 1. The backkground facts of the case are that the Complainant, Basanta Kumar Sahoo, presented a Written Report beefore the IIC, Ghatgaon P.S. on 27/11/2011, alleging that on the prrevious night i.e. 26/11/2011, about 7 unknown persons committed dacoity in respect of one Truck bearing Regd. No. OR-2BED-2836, loaded with iron rods while the vehicle was on N.H. 215 neaar Kukurpota bridge on the point of a pistol. On the basis of such coomplaint, the Ghatgaon P.S. Case No. l48 of 2011 was reggistered and investigation commmenced. Upon completion of the investigation, the Charge-Sheet was submitted implicating the preseent Petitioner as one of the accused in connection with the offfences under Ss. 395/412/109 of IPC, r/w. Sec. 25 of the Arms Act.

(2.) The leaarned S.D.J.M., Keonjhar vide order dtd. 3/8/2015 haviing found material against the Pettitioner took cognizance to proceed against the Petitioner. The relevvant portions of the impugned order reads as follows:-

(3.) The learnned counsel for the Petitioner, in coursse of hearing in this application, submitted that the Petitioner is an innocent person and no material is forthcoming against him either in the FIR or in the statement of the witnesses, involving him in any manner in any of the offenses alleged and therefore, the impugned order taking cognizancce against the present Petitioner is pallpably illegal and cannot sustaiin in the eye of law and this Court in exxercise of the jurisdiction under Sec. 482 Cr.PC may quash the coognizance.