Research › Search › Judgment

Orissa High Court · body

2011 DIGILAW 130 (ORI)

Arjuna Das @ Arjuni Das v. State of Orissa

2011-02-28

I.MAHANTY

body2011
ORDER 28.02.2011 — Heard Mr.B.K. Tripathy, learned counsel for the petitioners and Mr. Kanungo, learned Addl. Standing counsel for the State. The present application under Section 482 Cr.P.C. has been filed by the petitioners with a prayer to quash the proceeding in G.R. Case No. 1077 of 1994 (D) corresponding to Chandbali P.S. Case No. 67 of 1994 pending in the Court of the learned J.M.F.C., Chandbali, inter alia, on the ground that from amongst 70 accused persons, 34 have faced trial in S.T. No.16 of 2009 and vide judgment dated 13.4.2009, all of them were acquitted. Learned counsel for the petitioners placed reliance on the evidence of the P.Ws. 1, 2, 3 and 4 under Annexure-3 Series wherein they have stated that they do not remember the exact number of the case and the occurrence had taken place fifteen years ago. It is also stated therein that they have no grievance against the accused persons to face the trial. Perused the judgment dated 13.4.2009 passed by the learned Addl. Sessions Judge, Bhadrak in S.T. No.16 of 2009 and in Paragraph-7 of the said judgment, learned Addl. Sessions Judge has noted that while the alleged offence took place on 4.9.1994 under Sections 147/148/427/367/380/149 I.P.C., more than fifteen years have been lapsed by the time of the trial Court judgment. All the prosecution witnesses stated that they do not remember anything about the case and they have also no grievance against the accused persons. In the absence of the evidence from any of the witnesses and whispering anything implicating any of the accused persons, the prosecution has failed to prove its case. Accordingly, the accused persons were acquitted from all charges under Section 235(1) Cr.P.C. After hearing the learned counsel for both the parties and on perusing the judgment in S.T. No. 16 of 2009 as well as the evidence of the said case, I am of the considered view that the continuation of the trial against the accused-petitioners would serve no real effective purpose. Accordingly, the CRLMC is allowed an the criminal proceeding in G.R. Case No. 1077 of 1994 (D) corresponding to Chandbali P.S. Case No. 67 of 1994 pending in the Court of the learned J.M.F.C., Chandbali is quashed. CRLMC allowed.