JADU BEHERA Vs. DHANESWAR SAMANTARAY

JUDGEMENT

(1.) Petitioners are accused persons in a complaint case bearing ICC Case No. 20 of 1982 pending in the Court of the Judicial Magistrate First Class, Ranpur. On the basis of a complaint filed by the opposite party on 25-6-1982 alleging that offences were committed by the petitioners on 10-10-1981, the learned Magistrate took cognisance of the offences by order dt. 24-11-1982 and issued process against the accused persons. The present revision is directed against the said order praying to quash the said order as well as the criminal proceedings.

(2.) According to the petitioners, fur the self-same incident, the complainant- opposite party lodged an F. I R. in Rajsunakhala Outpost on 10th of Oct. 1981, which was registered as G. R.CaseNo. 116 of 1981 under S.436, Indian Penal Code. The two accused persons in the said G. R. case were Purnachandra Behura and Sarat Kumar Samantaray, but. In the F. I. R. the informant had stated that there were several others along with Pumachandra Behura. During the pendency of the said criminal case, the present complaint was filed wherein it was alleged that though information was lodged in the police station, yet police did not arrest all the accused persons and neglected the investigation for which the complaint was filed in the complaint petition, the complainant had stated that there were large number of witnesses to the occurrence including witnesses Kiber Rout, Krushna Chandra Mohapatra, and Braja Kishore Bala. On receipt of the complaint, the learned Magistrate called for the records of the G. R. case, as requested by the learned counsel for the complainant, for reference. By order dt. 9-7-1982, the learned Magistrate came to the conclusion that the offence in the G. R. case as well as the complaint case was essentially the same and the time of occurrence was also the same. The Magistrate, therefore, in exercise of his power under S. 210, Criminal P. C., stayed further proceedings in the complaint case and directed that to submit final form in the G. R. case. The order of the Magistrate dt. 26-8-1982 shows that the Magistrate received charge sheet against two accused persons, namely Purnachandra and Sarat Kumar under S. 436/114, Indian Penal Code, in the G. R. case. Thereafter by order dt. 9-9-1982, the learned Magistrate directed that the complaint case against accused Purnlachandra and Sarat Kumar should be tried along with G. R. case No. 116 of 1981 and the case against other accused persons on the complaint be put up for enquiry under S. 202, of the Code of Criminal Procedure. The 202, Cr. P. C. enquiry was held on 20-1-1982 and 24-11-1982 when the complainant and two of his witnesses were examined and the learned Magistrate then took cognisance against the petitioners under S. 436 read with Ss. 147, 148 and 149 of the Penal Code and summoned the accused persons for their appearance.

(3.) In the meantime, the G. R. case against Purnachandra and Sarat Kumar culminated by an order of conviction dt. 18-4-1983 passed by the Assistant Sessions Judge, Nayagarh, in Sessions Trial No.37 /108 of 1982, but on appeal in Criminal Appeal No. 68 of 1983, the Sessions Judge, Puri, acquitted both the accused persons. The certified copy of the judgment of the Sessions Judge in the said criminal appeal was produced before me by the learned counsel for the petitioners.