JAKIR HUSSAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Sec. 482 Code of Criminal Procedure. is directed against the Order dated 14.8.2006 passed by the Learned Additional Sessions Judge, Fast track Court -II, Bhadrak in S.T. Case No. 93/161 -04 -03 allowing the application filed under Sec. 319 Code of Criminal Procedure. and directing the Petitioner to face trial.

(2.) One Sankarshan Lenka lodged a written report before the Officer -in -Charge of Rajnagar Police Station on 10.2.2003 alleging therein that while he along with other forest officials were on patrolling duty within Gahirmatha Marine Sanctuary on 8.2.2003, they found two boats illegally fishing there. One of the boat was being driven by Bachu Singh and other by Jakir Hussain. Both the boats were seized and taken to Babubali Island where the forest camp is located. Around 13 persons including both the drivers of the boats were found fishing. The forest Guard Bamdev Pradhan was entrusted to guard one boat and the informant Shyamsundar Singh and Ors. were entrusted to guard another boat. At about 8 P.M. suddenly the accused persons assaulted the guards and tied them. However, the forest guard Shyamsundar Singh fought with them. The accused persons were successful in taking away the boats. While going away, the accused Jakir Hussain threatened to kill. It is further alleged in the F.I.R. that the forest guard Shyamsundar Singh was severely assaulted and threw into the water. Thereafter the accused persons left the informant. With much difficulty he came to sea shore and informed the matter over phone. The whereabouts of the Shyamsundar Singh could not be found out and ultimately his dead body was recovered from the sea shore. A case was registered initially for commission of offence under Sec. 307 apart from other offences of the Indian Penal Code but after recovery of the dead body of Shyamasundar Singh, a case was again registered for commission of offence under Ss. 143, 364,342, 302, 379, 224 and 149 of the Indian Penal Code against 13 accused persons. Jakir Hussain, who is the Petitioner before this Court, had been named in the F.I.R. as one of the driver of the boats but surprisingly his name was not found in the list of the accused persons. Accordingly, charge sheet had not been submitted against him.

(3.) In course of trial after examination of five witnesses, an application was filed under Sec. 319 Code of Criminal Procedure. for issuing process against the present Petitioner having been implicated in the case by the witnesses. The said application was allowed in the impugned order, which has given rise the present application for quashing the same.