AINTHA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners amongst others have been arrayed as accused persons in G. R. Case No. 652 of 1991 on the file of learned Sub-divisional Judicial Magistrate, Khurda (in short, SDJM). In this application under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, the Code) challenge is to the order passed by the learned SDJM taking cognizance of offence punishable under Sec. 395 of the Indian Penal Code, 1860 (in short, TIPCT), and directing issue of process/N.B. W. against the petitioners. The said G.R. case has its genesis in Jankia P.S. Case No. 120 of 1991 registered on the basis of report lodged by driver of a vehicle bearing registration No. A TO 1188 (truck) which was on its way to Vijayanagaram. The vehicle met with an accident near village Malipada and immediately thereafter some residents of the said village forcibly removed the entire load of 133 bags of tilli seeds which was being carried in the truck and assaulted the driver and other persons travelling in the truck. Specific name of any person was not given in the first information report. On completion of investigation charge-sheet was submitted against 29 persons including the petitioners.

(2.) According to the petitioners, even if the allegations made in the FIR and the materials collected during investigation are taken into consideration in their entirety, they do not make out any case so far as they are concerned, to substantiate accusation of commission of offence punishable under Sec. 395, IPC. It is further submitted that the petitioners at the relevant point of time were serving at Surat in the State of Gujarat, and have been erroneously shown as absconders and have been falsely roped in. The learned counsel for State with reference to records submitted that there are materials so far as petitioners 1 and 2 are concerned, but accepted that there is total lack of materials so far as other petitioners are concerned to show that they are involved either directly or indirectly in the incident giving rise to initiation of criminal proceedings.

(3.) In R.P. Kapur v. State of Punjab, the Supreme Court summarised some categories of cases where inherent power can and should be exercised to quash proceedings: