BHARAT KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This revision petition has been filed by the petitioners namely Bharat Kumar Patra, Narendra Patra, Babaji Charan Behera, Jayanta Kumar Mohanty, Bhim Sen Behera @ Kamal Lochan Behera, Chaitanya Behera, Ganesh Behera and Thakur Charan Patra challenging the impugned order dated 14.12015 passed by the learned Asst. Sessions Judge, Balasore in Sessions Trial No. 9/438 of 2010/2009 in allowing the petition filed by the State under section 319 of the Cr.P.C. and directing issuance of summons against the petitioners to face trial along with other charge sheeted accused persons.

(3.) It appears that the F.I.R. was lodged on 18.05.2009 by one Mihir Pani before Inspector in charge, Soro police station, on the basis of which Soro P.S. Case No. 130 of 2009 was registered under sections 436/427/294/506 Part-II/34 of the Indian Penal Code and sections 25 & 27 of the Arms Act and section 9-B of the Explosives Act and after completion of investigation, charge sheet was submitted on 20.10.2009 under sections 436/427/294/506 Part-II/34 of the Indian Penal Code against twelve accused persons. The petitioners were not charge sheeted.