CHITTARANJAN MISHRA & ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioners Chittaranjan Mishra and Satyapriya Mishra challenging the impugned order dated 19.04.2005 passed by the learned Addl. Sessions Judge, Sonepur in Criminal Revision No.35 of 2004 in dismissing the revision and thereby confirming the orders dated 29.07.2004 and 12.10.2004 passed by the learned J.M.F.C., Rampur in G.R. Case No. 95 of 1995.

(2.) On the basis of the first information report lodged by one Debasis Biswal (P.W.14) before the officer in charge of Dungarpali Police Station on 25.09.1995, Dungarpali P.S. Case No.68 of 1995 was registered under sections 341/323/324/34 of the Indian Penal Code against the petitioners and other accused persons. After completion of investigation, the Investigating Officer submitted charge sheet on 10.08.1996 under sections 341/323/324/34 of the Indian Penal Code and section 25 of the Arms Act against accused persons namely Jabadu Nanda and Yale Nag. Though the petitioners were named in the first information report as accused but the Investigating Officer did not find any material against them for which they were not charge sheeted. Since the co-accused Yale Nag absconded, the case against him was splitted up and the co-accused Jabadu Nanda was charged under sections 323/324/34 of the Indian Penal Code and section 25 (1-B) of the Arms Act.

(3.) The petitioner no.1 died during pendency of this CRLMC application and as such so far as the petitioner no.1 is concerned, this CRLMC application has become in-fructuous.