SUNDARMOHAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner Sundarmohan Nayak has filed the present application under Section 482, Code of Criminal Procedure seeking to challenge an order dated 23.7.2009 passed in G.R. Case No. 530 of 2002 by the learned Chief Judicial Magistrate, Mayurbhanj, Baripada, invoking his power under Section 319, Code of Criminal Procedure by which he directed addition of the Petitioner as an accused and issued summons to him to appear before the Court and to face trial along with the other accused, namely, Bapi Nayak.

(2.) FROM the basic facts of the case it appears that an F.I.R. was lodged by one Saraswati Singh alleging that her mother Chandramani Singh died due to electrocution by coming in contact with an illegally drawn electric wire, from an Lift Irrigation Point (in short 'L.I. point') by the present Petitioner namely, Sundarmohan Nayak. On the basis of the said F.I.R. Badasahi P.S. No. 64/02 was registered under Section 304A of the Indian Penal Code (in short 'IPC') and investigation was taken up. After completion of investigation Charge sheet was filed only against Bapi Nayak -O.P.2 (son of the Petitioner) and he was called upon to face his trial.

(3.) MR . Mishra further submitted that on a bare reading of the statements of the P.Ws.2, 3, 5, 8 and 10, the case of the prosecution no longer survives especially when P.W.8, he is the owner of the Lift Irrigation Point, had stated in his evidence that electricity supply to his L.I. point had been disconnected more than 6 to 7 years prior to the date of alleged occurrence. Learned counsel for the Petitioner submitted that Hon'ble Supreme Court recently in various judgments has laid down the principles and circumstances under which the extraordinary jurisdiction under Section 319, Code of Criminal Procedure can be exercised. In this respect he placed reliance on the judgments of the Hon'ble Supreme Court in the case of Brindaban Das and Ors. v. State of West Bengal reported in, (2009) 42 OCR (SC) 543, Sarabjlt Singh and Anr. v. State of Punjab reported in, (2009) 43 OCR (SC) 761 as well as the judgment of this Court in the case of Ramakanta Behera @ Sahu & Ors. v. State of Orissa reported i n : (2009) 42 OCR 645 : 2009 (I) OLR 864.