BIJOY KUMAR KHILLAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. filed by the petitioner Bijoy Kumar Khillar challenging the impugned order dated 24.09.2003 passed by the J.M.F.C., Jajpur Road in G.R. Case No. 295 of 2003 in taking cognizance of offences under section 394 of the Indian Penal Code and section 9-B of the Explosives Act, 1884.

(2.) The prosecution case, in short, is that on 28.05.2003 on receipt of a telephonic message from the Executive Engineer, MESCO, Jajpur Road regarding apprehension of a culprit at his office and that the said culprit entered into the office and snatched away the cash bag from one of the staff and that the culprit was apprehended with total stolen cash, the Officer in charge of Jajpur Road Police Station proceeded to the spot and on reaching at the spot, he received a written report from one Krushna Chandra Lenka, clerk in the Jajpur Road Electric Division Office.

(3.) From the petition filed before this Court, it appears that the main ground for challenging the impugned order is that the co-accused Mahendra Kumar Khillar has falsely named the petitioner before police due to previous land dispute between the two families and the other witnesses have also not named the petitioner to be present at the spot and ran away after leaving the scooter in which the accused persons had come to the place of occurrence.