MADHOO @ MADHAB CH. KHUNTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two applications under Sec. 482, Crimial P.C. are filed by the same petitioner and they arise out of G.R. Case No.1726 of 2012 of the court of the learned S.D.J.M., Puri, which arises out of Puri Town P.S. Case No.117 of 2012 registered for alleged commission of offences under Sections 120-B/302/379/201/34 of the I.P.C. read with Sections 25 and 27 of the Arms Act for murder of one Guna @ Taluchha Bhagaban Mohapatra.

(2.) CRLMC No. 4189 of 2015 has been filed challenging the order dated 16.12.2013 passed by the learned S.D.J.M., Puri in G.R. Case No. 1726 of 2012 directing issuance of NBW against the present petitioner, whereas CRLMC No. 4948 of 2015 has been filed by the same petitioner challenging the order dated 17.05.2014 passed by the learned S.D.J.M., Puri in the same G.R. Case directing issuance of process under Sections 82 and 83 of the Crimial P.C. against the petitioner.

(3.) The undisputed facts are that during the course of investigation, the police apprehended six other accused persons in the aforesaid case, who continued in judicial custody. On 24.12.2012, the Investigating Officer submitted preliminary charge-sheet in terms of Sec. 173 (2), Crimial P.C. against those six accused persons under Sections 302/379/201/120-B/34 of the I.P.C. and Sections 25 & 27 of the Arms Act, keeping the investigation open with regard to involvement of other persons in the crime. On receipt of the charge-sheet, the learned S.D.J.M. took cognizance of the offences against those charge-sheeted accused persons. On 22.01.2013, the learned S.D.J.M. committed those six accused persons to the Court of Session. Since the investigation had been still kept open, the learned S.D.J.M. opened a part file as G.R. Case No. 1726 of 2012 (A) and sent the original records to the Court of Session. Subsequently, during the course of further investigation, the Investigating Officer made prayers to the learned S.D.J.M. in the split up G.R.Case to issue NBW and process under Sections 82 and 83, Crimial P.C. against the present petitioner, who was said to have been absconding. Those prayers have been allowed by the impugned orders.