GANESWAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this Lis U/s.482 Cr.P.C. prayer has been made to quash the order dtd.01.06.2015 of learned J.M.F.C., Betnoti in G.R. Case No.588 of 2014 in taking cognizance of offences U/ss.394, 397 of the Indian Penal Code (in short the "I.P.C.") and U/s.9(B)(i)(b) of The Explosives Act, 1884 and the criminal proceeding culminated thereof.

(2.) The case of the petitioner, simply said, is that informant Gurupada Pal was the owner of a Jewellery shop situated at Betnoti Bus Stand. On 21.12.2014 at about 10 P.M. he closed his shop and returned with bag containing silver ornaments weighing 2.5 kilograms, gold ornaments weighing 170 grams and cash of Rs.1,27,000/- by his scooter. While he reached near his house, three unknown culprits threw chili powder and captured him. They snatched away the bag containing cash and ornaments. In course of scuffle, one of them dealt a blow to his back by means of a sharp cutting weapon and all the culprits exploded bomb to take escape route.

(3.) Heard learned counsel for the parties and diligently perused the evidence and the judgment annexure-4 in respect of two co-accused persons who faced trial.