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Sumanta alias Sumanta Kumar Das vs State of Orissa

Orissa High Court · Decided on 15 July 2004 · Citation: (2004) 29 OCR 354 : (2004) 2 OLR 359

HON’BLE JUDGES
B.P. Das, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 205 · Penal Code, 1860 (IPC) — Section 323, 325, 34, 341, 506
CASE NUMBER
Criminal M.C. No. 1111 of 2004
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Judgment

4 paragraphs · 363 words
1.

Heard learned Counsel for the Petitioner as well as the State.

2.

As it appears, the Petitioner in this application u/s 482, Code of Criminal Procedure has prayed for quashing the order dated 1.5.2004 passed by the S.D.J.M., Khurda, in G.R. Case No. 955/1998 rejecting the Petitioner''s application u/s 205, Code of Criminal Procedure on the ground that the accused-Petitioner brutally assaulted the informant for which the Petitioner could not take advantage of the provision of Section 205, Code of Criminal Procedure Learned Counsel for the Petitioner submits that the Petitioner has been implicated in offences Under Sections. 341/323/325/506/34, Indian Penal Code out of which offence u/s 506, Indian Penal Code is only non-bailable offence. It appears that the learned Magistrate has been swayed away by the injuries and has not taken into consideration, as I find, the offences for which the Petitioner has been charge-sheeted.

3.

Considering the facts and circumstances, I direct the Petitioner to file a fresh application u/s 205, Code of Criminal Procedure which shall be dealt with by the learned Magistrate in accordance with law. While dealing with the Petitioner''s application, the Magistrate shall look into the fact that the Petitioner is serving in Defence and resides in West Bengal as well as the offences for which he has been charge-sheeted. I may make it clear that even if the application u/s 205, Code of Criminal Procedure is allowed and accused''s personal attendance is dispensed with, the Court is not powerless to ensure his attendance in terms of Sub-section (2) of Section 205, Code of Criminal Procedure If the Petitioner files the application u/s 205, Code of Criminal Procedure before the learned S.D.J.M. by 20th July, 2004, the same shall be considered and disposed of by 23rd July, 2004 keeping in view the observations made above. Till then, the N.B.W. of arrest issued against the Petitioner shall not be executed. If the aforesaid application is not filed by the Petitioner within the time stipulated, it would be open to the learned Magistrate to proceed with the matter to secure attendance of the Petitioner in accordance with law.

4.

The application is disposed of with the above order.