SK YAQUINUDDIN & ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioners Sk. Yaquinuddin & Sk. Mahiuddin challenging the first information report in Soro P.S. Case No.87 of 1991 and also continuance of further proceeding in G.R. Case No. 161(A) of 1991 which arises out of the said first information report pending in the Court of learned Judicial Magistrate First Class, Soro.

(2.) On 08.04.1991 the case was instituted on the first information report submitted by one Giridhari Prusty wherein it was alleged that on 28.03.1991 in between 1.30 p.m. to 2 p.m., six persons committed house breaking during day time breaking open the lock of the house of the informant, voluntarily causing hurt and committing theft of cash and gold ornaments worth of rupees one lakh in the house of the informant.

(3.) After completion of investigation, charge sheet was submitted on 07.04.1992 against eight accused persons including the petitioners who were shown as accused nos. 6 and 7 in the charge sheet. It appears that some of the co-accused persons have faced trial in the Court of learned Addl. Sessions Judge, Balasore in Sessions Trial No.32/175 of 1995 for offences punishable under sections 454, 395 and 436 of the Indian Penal Code and learned trial Court vide judgment and order dated 20.02.1997 has been pleased to acquit the accused persons of all the charges.