GANPAT NATH JOGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) :- This is an application under Section 482, Cr. P.C. by Ganpat Nath Jogi, accused in Cuttack G.R.P.S. Case No. 1 of 1995 under Sections 379 and 207, I.P.C., to quash the order of the learned Judicial Magistrate, First Class (Rural), Cuttack, transferring the accused from Circle Jail, Choudwar, Cuttack, for production before the VII Metropolitan Magistrate, Vijaywada.

(2.) The fact of the case lies in a narrow compass : Informant Jitendra Kumar Mishra, boarded Konark Express on 6-12-94 morning to come to his native place Kendrapara in the district of Cuttack. The present accused also boarded in the same compartment and developed intimacy with him. On the way while the informant was taking tiffin near the door of the compartment the accused gave a violent push, as a result he fell down from the running train. He was then taken to Government General Hospital, Eluru, where his left arm was amputed. After being discharged from the hospital, he came to Cuttack with his elder brother. He underwent further treatment at Cuttack in a nursing home where his left arm was further amputed. On 5-1-95, it is alleged, the accused was found at Jaipur town and on being confronted, he disclosed his name, whereupon he was taken to the G.R.P.S., Cuttack, and on information being lodged, G.R.P.S. Case No. 1 of 1995 was registered and investigation taken up.

(3.) The order dated 20-1-95 of the Magistrate First Class (Rural), Cuttack, reveals that one Shri S. V. Appa Rao, Sub-Inspector of Police, G.R.P.S., Elore, approached the Magistrate and stated that after transfer of the F.I.R. from G.R.P.S., Cuttack, Crime Case No. 15 of 1995 has been registered at Elore G.R.P.S. Since due to lack of time he could not obtain warrant from the Magistrate having jurisdiction over the case for production of the accused at Vijayawada, he prayed for remand of the accused for a period of 15 days within which he could be able to get the warrant from the said court. Subsequent orders reveal that since G.R.P.S., Elore has the jurisdiction to investigate into the case after transfer of the F.I.R. from Cuttack G.R.P.S., the accused was ordered to be produced before the VII Metropolitan Magistrate, Vijaywada, within whose jurisdiction Elore G.R.P.S. comes. Accordingly the case record was also transmitted to the said court.