CHINTAMANI DYAN SAMANTRAY Vs. TRIGUNA TITO DEB

JUDGEMENT

(1.) EVEN though the matter was listed to date for admission, on the request and consent of learned counsel for both parties, it is taken up for final disposal.

(2.) HEARD .

(3.) LEARNED counsel for the petitioner submits that the petitioner is an ex -Speaker of Orissa Legislative Assembly and he being a political man remains busy in his constituency at Chikiti. If he is asked to attend the Court regularly at Bhubaneswar, then he would face much inconvenience. Earlier he had filed a petition under Section 205 of Cr.P.C. which not being properly considered, was rejected even though the prayer of four co -accused persons was allowed. As per his submission, the finding of the Court below that once a petition under Section 205 of Cr.P.C. is rejected, subsequent similar petition cannot be entertained is per se illegal as held by this Court in the case of Debasis Samantaray v. State of Orissa and another; 2003 (II) OLR 219. Perused the said judgment. At paragraph -7 of the judgment this Court held that even if an application under Section 205 of Cr.P.C. had been rejected earlier, a similar petition can be filed at subsequent stage. So the finding of the learned trial Court as rightly submitted by the learned counsel for the petitioner is erroneous and as such, cannot stand.