CHHOTALAL MOHANTA AND OTHERS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners Chhotalal Mohanta, Nihar Ranjan Modi, Dinakrushna Dash @ Das and Prakash Agarwalla have filed this application under section 438 of Cr.P.C. in connection with Jharpokharia P.S. Case No.57 of 2016 corresponding to G.R. Case No.02 of 2017 pending in the Court of learned Sessions Judge -cum- Special Judge, Mayurbhanj, Baripada (hereafter 'the Trial Judge') for commission of offences punishable under sections 447, 332, 385, 353, 294, 506, 427 read with section 34 of the Indian Penal Code, section 3(1)(x)(i) of SC and ST (PA) Act and section 3 of P.D.P.P. Act, 1984 and section 7 of Criminal Law Amendment Act.

(2.) The case was instituted on the first information report submitted by one Kulamani Bhoi, Asst. Commissioner of Commercial Taxes in charge, Jamsola check gate before the Inspector in-charge of Jharpokharia police station on 23.05.2016.

(3.) After completion of investigation, charge sheet was submitted on 17.02.2017 under sections 447, 294, 332, 353, 385, 506, 427 read with section 34 of the Indian Penal Code, section 3 of P.D.P.P. Act and section 3 (1)(r)(s)(va) of the SC and ST (PA) Act against the four petitioners as well as co-accused Krushna Chandra Mohapatra and accordingly, on 23.02.2017 the learned Trial Judge took cognizance of such offences and issued summons in respect of the petitioners as well as co-accused Krushna Chandra Mohapatra. On 16.03.2017 the petitioners filed a petition under section 205 of Cr.P.C. before the learned Trial Judge for dispensing with their personal attendance which was considered and rejected on the very day and the case was posted to 28.03.2017 for appearance of the petitioners. The learned counsel appearing for the petitioners before the learned Trial Judge filed an application on 28.03.2017 seeking time for appearance of the petitioners as well as co-accused Krushna Chandra Mohapatra which was allowed and the case was posted to 01.05.2017 for appearance of the accused persons and the informant.