DANDAPANI GOUDA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THIS is an application by one of the accused to quash the order of commitment dated 14 -8.1967 passed by the learned S.D.M., Bhanjanagar committing him and opposite party No. 2 to the Court of Sessions to stand their trial or an offence under Section 467 read with Section 34, Indian Penal Code.

(2.) THE Mohant of Trimali Muth owns 14 acres land in village Ambodali. Indra Naik and his father claim to be the lessees of the said land under an unregistered deed of lease (Ex.1) dated 22 -9 -1948 executed by the Mohant. On 6.12 -1964, it was alleged that Petitioner along with some others trespassed, damaged or removed crops grown on the said land by Indra Naik. On 9 -12 1964 Indra Naik lodged the F.I.R. against the Petitioner and others at the P.S. During investigation, the S.I. (opp. party No. 2) seized Ex. I on 22.12 -1964 from the father of Indra Naik. After close of investigation, charge -sheet was submitted on 17 -1 -1965 against Petitioner and others for various offences and cognizance was taken by the S.D.M., Bhanjanagar on 22 -1 -1965. It was registered as G.R. Case No. 255 of 1964. Subsequently, the case was transferred to the Magistrate, 1st Class, Aska in whose Court it was registered as G.R. Case No. 163 of 1965. The case was tried and judgment was delivered on 31.3.1967 convicting the Petitioner and other accused against which an appeal has been preferred and is pending. In the meanwhile on 22 -4 -1965, while the aforementioned G.R. Case was pending on the file of Magistrate, 1st Class, Aska, Indra Naik (p.w. 1) filed a complaint before the S.D.M., Bhanjanagar alleging that Ex.I which had been seized during investigation and filed in Court along with the charge -sheet was tempered with by the Petitioner and others on 2 -2 -1965. This complaint was filed against the Petitioner, opposite party No. 2, who bad seized the document, and two others. The S.D.M. Bhanjanagar, after enquiry under Section 202, Code of Criminal Procedure, took cognizance on the complaint on 27.5 -1965, examined some p.ws. and committed the four accused persons to stand their trial under Section 467/34, Indian Penal Code as aforementioned. While the matter was pending before the learned Assistant Sessions Judge, on the application of prosecution, withdrawal of the case against two out of the four accused who had been committed was allowed.

(3.) SECTION 195(1), Code of Criminal Procedure runs as follows: