JUGAL KISHORE BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision has been preferred against the Order Dated 18.09.2006 passed by the J.M.F.C, Berharnpur, Ganjam in G.R. Case No. 932 of 2001 rejecting the application of the Petitioner under Section 227 Cr.P.C. and framing charge against him under Sections 379/411/34 IPC.

(2.) THE case of the Petitioner is that on the basis of the FIR lodged by the S.I. of Police, Baidyanathpur P.S., he has been implicated in Baidyanathpur P.S. Case No. 221 of 2001 corresponding to G.R. Case No. 932 of 2001 under Sections 379/411/34 IPC. On receipt of the final form, the S.D.J.M., Berharnpur took cognizance of the aforesaid offences and transferred the case to the Court of J.M.F.C, Berharnpur for trial. Before the J.M.F.C, Berharnpur, the Petitioner filed a petition under Section 227 Cr.P.C. with a prayer to discharge him. Learned J.M.F.C. after hearing the Counsel for the Petitioner and his counterpart as well as considering the materials available on record was not inclined to discharge the Petitioner and accordingly rejected the petition Under Section 227 Cr.P.C. and framed charge against the Petitioner under Sections 379/411/34 IPC.

(3.) LEARNED Addl. Standing Counsel submitted that during the course of investigation 19 witnesses have been examined by the I.O. On 14.01.2001 the Investigating Officer while investigating the case reached Aska Road and found that one Herohonda motorcycle in damaged condition was lying by the side of the road. On confidential inquiry, he came to learn that the present Petitioner had kept that motorcycle in his house. On that very day, he brought out the same and parked it on the road side. He further submitted that the Investigating Officer learnt that the Petitioner was working in D.I.B., Berhampur and had close nexus with criminals. Earlier, he had disposed of some stolen motorcycles. The 161 statements of Brundaban Gouda and Sarat Chandra Behera go to show that the motorcycle was with the present Petitioner and he had parked the same on the side of the road on that day. But they did not disclose their address.