HIDAYAT KHAN @ HIDAYATULLAH KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Can a Court of law give premium to an absconding accused on his improper conduct and quash the criminal proceeding against him merely on the ground of acquittal of the co-accused persons by the trial Court, is the subject matter of adjudication in this case.

(2.) The petitioner Hidayat Khan @ Hidayatullah Khan has filed this application under section 482 of the Criminal Procedure Code for quashing the order of taking cognizance as well as framing of charges under

(3.) The case was instituted on the basis of the first information report lodged by one Ramesh Bihari Das before the Inspector in charge of Laxmisagar police station. The prosecution case, in short, is that on 30.03.1995 at about 3.30 p.m. while the deceased Binod Kumar Agrawal was in his office at room no.14 at Bhubaneswar Stock Exchange located at Falcon House, Bhubaneswar, three unknown persons entered into the room of the deceased, bolted the room from inside and one of them fired one shot by means of revolver at the deceased who received injury on his chest and succumbed to death. The informant was also assaulted for which he also received bleeding injuries. The F.I.R. was registered against unknown persons.