(1.) In Criminal Misc. No. 378 of 1988, records of the lower court had been called for and Mr. Sahu submitted that records have not been sent back since I directed the matter to be listed six months after while releasing the accused-petitioner therein for bail for six months. In Misc. Case No. 240 of 1988, I directed for completion of the commitment proceeding early. On account of non-availability of record, the proceeding has not been completed. Let the records if available in Criminal Misc. No. 378 of 1988 be sent back immediately.
(2.) Mr. Sahu submitted that one of the accused is absconding for which the commitment proceeding is not yet over. Since large number of accused persons are in custody, committing court may consider to split-up the case against the absconding accused and proceed with the commitment proceeding against others unless for reasons to be recorded in writing the same is not possible.
(3.) It is submitted that father of petitioner has expired in the month of August and the mother is suffering for which a medical certificate has been filed in support from the Medical Officer, Primary Health Centre, Manda Sahi, Cuttack. Issue a direction to the Medical Officer, Manda Sahi to periodically check-up the health of mother in respect of whom he granted the certificate which should be at least in every fortnight unless lessor period becomes necessary on account of the ailment. The Doctor shall furnish a report to this Court immediately after he checks up the health of the mother to the Court of Judicial Magistrate First Class, Nimapada. Failing to comply with this direction by the - doctor would amount to violation of the Court's order. The first report is to be received by the Court of Judicial Magistrate, Nimapada on or before 15-3-1989.