SUPRAVA @ JHUNA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the Order dated 21.2.2007 passed by the JMFC, Pattamundai in G.R. Case No. 207 of 1997 taking cognizance under Ss. 341/323/34 and issuing summons against the Petitioner under Sec. 319 Code of Criminal Procedure. for her appearance.

(2.) The case of the Petitioner is that on the basis of an FIR lodged by one Dibakar Prasad, a case was registered under Ss. 379/506/323/354/34 Indian Penal Code against the Petitioner and other co -accused persons. After closure of investigation, final form was submitted against four accused persons, namely, Narendra Behera, Champabati Behera Padmabati Behera and Basanta Behera under Ss. 341/323/34 Indian Penal Code deleting the name of the Petitioner since no materials were available against her and accordingly cognizance was taken against those accused persons under the aforesaid Sections. During the course of trial, after examination of four witnesses, a petition was filed on behalf of the prosecution under Sec. 319 Code of Criminal Procedure. to take cognizance against the Petitioner. The Court below considering the same took cognizance of the offences under Ss. 341/323/34 Indian Penal Code against the Petitioner and issued summons for her appearance on 3.4.2007.

(3.) Mr. Sahoo appearing for the Petitioner submits that P.Ws.1 to 4, who have been examined by the prosecution, are the injured and the eye witnesses. They have not stated anything against the present Petitioner. The power under Sec. 319 Code of Criminal Procedure. cannot be exercised so as to conduct a fishing inquiry. He further submits that it has been laid down by the Hon'ble Apex Court in the decision reported in, (2006) 34 OCR (SC) 389 Palanisamy Gounder v/s. State represented by Inspector of Police that unless the Court is hopeful that there is a reasonable prospect of the case against the newly added accused ending in his conviction for the offence concerned the Court shall refrain from adding that person as accused.