SANDEEP JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner assails the order dated 3. 11. 2006 passed by the learned Sessions Judge, Sambalpur in criminal Revision No. 41 of 2006 dismissing the Revision and confirming the order dated 11. 8. 2006 passed by the learned s. D. J. M. , Sambalpur in C. M. A. No. 143 of 2006 arising out of C. T. Case No. 1113 of 2006 refusing release of Rs. 81,00,000 in his favour.

(2.) THE facts leading to filing of the present crlmc in short is that on 19. 7. 2006 ramakrushna Khuntia @ Pichu (Opposite party No. 2) lodged a written report before the II-C-in-charge of Town P. S. , Sdmbalpur alleging that on 18. 7. 2006 while he was absent in the house, some miscreants broke open his house and committed theft of one set of gold necklace weighing 5 Bharies, 2 ear-rings, 2 rings and one suitcase belonging to his sister Smt. Rajeswari Jena. As the report revealed a cognizable case, the ii-C-in-charge registered it under Sections 457/380 of Indian Penal Code and directed a. S. I. , Sri S. K. Acharya to take up investigation. Accordingly Sri Acharya investigated into the case. In course of investigation, he visited the spot and examined the witnesses. While being examined, Smt. Rajeswari Jena stated that on 3. 5. 2006 she herself and her husband Sri Sandeep Jena (petitioner) withdrew some cash from h. D. F. C. Bank, Sambalpur, out of which she kept Rs. 1 Crore in the house of her brother ramakrushna Khuntia in an attache-case for safe custody. On the date of Sital Sasthi, as per her direction her daughter-in-law preeti Sharma and his brother Pichu @ ramakrushna Khuntia took Rs. 19,00,000 from that attache-case. So the A. S. I. Sri acharya was of the view that Ramakrushna khuntia lodged a false report regarding theft in his house including the attache-case of his sister, Rajeswari Jena, in order to misappropriate Rs. 81,00,000.

(3.) ON 21/22. 7. 2006 night while the police personnel of Bada Bazar P. S. were on night patrolling duty, they found three persons carrying something. At the sight of the police they ran away leaving one attache-case. Being informed about this A. S. I. Sri acharya along with some other police staff went to the spot and found one maroon coloured attache-case covered with an old lungi, lying there and on search of the attache-case Rs. 60,00,000 of G. C. notes of Rs. 500 denomination was found therein. Rajeswari Jena being called to the spot identified the attache-case to be her own so also the money, contained therein. The A. S. I. again searched the house of Ramakrushna khuntia and found one bag kept concealed underneath the earth near a broken wall. On search of the bag, Rs. 21,00,000 of G. C. notes of Rs. 500 denomination was found therein, which he seized. Then the A. S. I. , sri Acharya submitted a report in this regard to the II-C of Town P. S. , Sambalpur who registered it under Section 406 of Indian Penal Code giving rise to C. T. Case no. 1113 of 2006 and directed A. S. I. Sri S. K. Patra to take up investigation of the case.