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1988 DIGILAW 350 (ORI)

BIJAYA KUMAR MOHANTY v. STATE OF ORISSA

1988-12-05

S.C.MOHAPATRA

body1988
S. C. MOHAPATRA, J. ( 1 ) THIS application under section 482, Criminal Procedure Code, 1973 (hereinafter referred to as the Code) has been filed for quashing the cognizance taken against the petitioners for offences under sections 323/380/446, I. P. C. Mr. Mohapatra is not able to satisfy me that on perusal of the complaint petition, the ingredients of the offences have not been made out. He, however, brought to my notice some circumstances which may lead to the conclusion that assertion in the complaint involving the accused persons in the offences alleged is not acceptable. Whether the facts asserted in the complaint petition would be accepted on the basis of circumstances to be proved or explained, would be within the domain of appreciation of evidence which can be best considered by the trial court at the time of trial. This would not be a justifiable ground to exercise the inherent powers of the Court to quash cognizance. Accordingly, I, am not inclined to entertain this application. ( 2 ) MR. Mohapatra submitted that petitioner No. 2 is an Advocate of Baripada. Petitioner No. 1 is a Director in the Film Industry and ordinarily stays at Madras. It would be a harassment to both of them to attend the trial court on each date fixed Trial in criminal cases is not meant to harass the accused persons:its purpose is to bring the offender to book to preserve the society and social order. In the present case, in view of the nature of offences alleged and other circumstances with regard to the place of stay, nature of avocation in life and status of accused, I am inclined to hold that ends of justice would not be defeated in case the petitioners are allowed to be represented so that on each day they may not have to appear in the trial court. In case, trial court requires the presence of the petitioners or any of them in Court for furtherance of the trial, it shall fix a date giving the petitioners two weeks time to appear in Court. On failure of the petitioners to comply with the requirement of appearing personally on the date fixed, trial court shall be at liberty to issue Non-Bailable Warrant of arrest against the petitioners. On failure of the petitioners to comply with the requirement of appearing personally on the date fixed, trial court shall be at liberty to issue Non-Bailable Warrant of arrest against the petitioners. Permission to be represented shall, however, be granted by the trial court on an application being made by the petitioners in that Court in that regard, Subject to the aforesaid direction, this Criminal Misc. Case is dismissed. Application dismissed.