YUDHISTIR SAMANTARAY Vs. STATE

JUDGEMENT

(1.) THIS revision under Section 401 Cr.P.C. has been filed challenging the Order dated 1.11.2004 passed by the Learned 1st Additional Sessions Judge, Puri in S.T. Case No. 175 of 2000 adding the Petitioner and two others as accused persons in the trial in exercise of jurisdiction under Section 390 of the Code of Criminal Procedure and also asking them to face trial.

(2.) ON the basis of an F.I.R., lodged by Dayanidhi Biswal, S.I. of Pipili Police Station, Pipili P.S. Case No. 79 of 1995 was registered against some persons for commission of offence under Sections 279, 338, 325 and 34 of the Indian Penal Code. The allegation in the F.I.R. is that on 12.5.1995 at about 5.50 P.M. accused persons namely, Vijoy Kumar Samantray, Dharmendra Samantray and Susanta Bhatta brought one Manoj Das with multiple fractures on his body in semi -conscious state from a blue colour jeep and left him in the Police Station Verandah and fled away. The said deceased Manoj Das disclosed that while he was returning from Bhubaneswar towards Delanga with his friend Prasanna Swain in a scooter, he found two cars coming from opposite side. Near village Nuagaon the second car dashed against the scooter, as a result of which, he fell down. Thereafter, accused Dharanidhar Samantaray, Vijoy Samantray, Rami alias Ramesh Misra and Prafulla Sahoo came out from the car and assaulted him brutally with lathies causing multiple injuries. Prasanna Swain, who was accompanying him in the scooter ran away out of fear. Thereafter, he was put in the second vehicle and in the vehicle also he was beaten mercilessly. Thereafter, he was put inside the jeep and left in the Varandah Police Station. On the basis of such F.I.R., investigation was taken up and ultimately charge sheet was filed under Section 302 of the Penal Code apart from other offences. In course of trial, after examination of some witnesses, the Associate Public Prosecutor filed a petition under Section 319 Cr.P.C. to proceed against Prakash Srichandan, Ramesh Samantaray and Judhistir Samantaray as are materials available from the evidence of the witnesses implicate them in commission of the offence. On the basis of such petition, the impugned Order was passed directing the aforesaid three persons to face trial. One of these persons namely, Yudhistir Samantaray is the Petitioner before this Court.

(3.) IN the case of Palanisamy Gounder and Anr. v. State represented by Inspector of Police reported in, (2006) 34 OCR 389 (SC), it was held by the Apex Court only when there is a reasonable prospect of case against such accused ending in their conviction, the Court may consider to exercise its jurisdiction under Section. 319 Cr.P.C. The relevant paragraph is quoted below: