GOKHEI MAHARANA AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order of A.D.M. (Judicial), Cuttack, setting aside an order of discharge passed by Sri A.C. Das, Magistrate, and directing him to make further inquiry and to frame necessary charges, if evidence warranted it.

(2.) A few facts are necessary to be stated in order to understand the point involved in this Revision. One Naran Moharana lodged First Information Report against the Petitioner 27 -1 -1965. It contained various allegations. One of such allegation was that the accused persons violated an order passed under Section 144, Code of Criminal Procedure against them. The police on receipt of F.I.R. registered P.S. case No. 6 of 1965 and submitted charge -sheet under Sections 147, 447 and 118 Indian Penal Code. This case was numbered as G.R. Case No. 47 of 1965/119 -T of 1965. This charge -sheet was submitted on) 19 -3 -1965. This case came up before Sri D. Naik, Magistrate, 1st Class, Cuttack, who ultimately discharged the accused under Section 251(A), Code of Criminal Procedure as the police failed to supply necessary papers as required under Section 173(4), Code of Criminal Procedure. None of the parties agitated against this order of discharge and it became final.

(3.) SRI A.C. Das, Magistrate, by his order dated 1.7.1966 discharged the accused persons again under Section (sic)(A), Code of Criminal Procedure. The ground of discharge was that the accused having been once discharged previously, that order became final and that there cannot be a fresh prosecution on the self -same materials. He held that in the present prosecution, no fresh materials had been disclosed.