DILLIP KUMAR PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Dillip Kumar Patra to quash the impugned order dated 13.01.2000 passed by the learned S.D.J.M., Jagatsinghpur in 2(C) C.C. Case No. 78 of 1995 in issuing notice to the petitioner as an accused in the case along with issuance of warrant.

(2.) The learned counsel for the petitioner contended that Mr. Manoranjan Jena, Inspector, Railway Police Force, Paradeep, S.E. Railway lodged the first information report indicating therein that on 22.12.1995, he along with other railway police officials noticed four persons coming towards phone signal in between Kandarpur down home and distant signal and the person who was in front of the four persons was carrying something heavy on his left shoulder in a suspicious manner and the other persons were following him. The railway police officials caught hold of that person but the other three persons managed to escape and out of those three persons, two of them were identified by Railway Police Force as Chatrubhuja Rout and Panchanan Rout. The apprehended person disclosed his name as Jachi Rout @ Kalia. He was found carrying one railway distributor valve in a gunny bag. He could not produce any authority or receipt for the possession of railway distributor valve. He disclosed before the railway police officers about the name of his associates and also confessed to have committed theft of railway article from a wagon. The names disclosed by co-accused Jachi Rout @ Kalia are Chatrubhuja Rout, Panchanan Rout and Dillip Mohapatra and he stated that during the night on 20.12.1995, they committed theft of the railway article detaining the train near his village closing the vacuum pressure on the wagon.

(3.) On the basis of such first information report, RPF/Post/Paradeep Case No. 5/1995 dated 22.12.1995 was registered under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 and ultimately complaint petition was filed by the M.R. Jena, Inspector, RPF, Paradeep, S.E. Railway in the Court of S.D.J.M., Jagatsinghpur and accordingly 2(C) C.C. Case No. 78 of 1995 was instituted. In the list of absconding accused persons, three names were reflected, out of which one name is Dillip Kumar Mohapatra, S/o- Jhari Mohapatra, village- Daradagram, P.S./District- Jagatsinghpur.