NISAKAR PATI @ NISAMANI PATI Vs. STATE OF ORISSA

JUDGEMENT

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

(2.) The petitioner Nisakar Pati @ Nisamani Pati has filed this application under section 482 Cr.P.C., 1973 challenging the impugned order dated 23.06.2006 of the learned J.M.F.C., Salipur in G.R. Case No. 435 of 2003 in taking cognizance of the offences under sections 379/411/34 of the Indian Penal Code and issuance of process against him. The said case arises out of Salipur P.S. Case No. 218 of 2003.

(3.) One Harekrushna Pati of Village Jahangirabad lodged the first information report before the officer in charge of Salipur Police Station on 27.08.2003 alleging therein that on 26.08.2003 night at about 11.00 p.m. the petitioner had stolen away his two pieces of teak wood. On the basis of such first information report, Salipur P.S. Case No. 218 of 2003 was registered under section 379 of the Indian Penal Code against the petitioner. During course of investigation of the case, the teak wood were seized from the backyard of the co-accused Dambarudhar Jena and basing on his statement, the petitioner was arrayed as an accused in the case. After completion of investigation, charge sheet was submitted against Dambarudhar Jena, the petitioner and other accused persons under sections 379/411/34 of the Indian Penal Code and section 56 of the Orissa Forest Act.