A single-judge bench of the Orissa High Court, comprising of Justice Chittaranjan Dash denied the application of Section 482 of the CrPC and subsequently dismissed a criminal appeal on account of lack of material to infer that in case the trial proceeds against the present Petitioner, the result would be futile – just because the other co-accused was acquitted.
Facts:
The Petitioner is one of the accused in the offence in which one of the co-accused, namely, Diwan Bag who has since faced the trial has been acquitted. According to the learned counsel for the Petitioner none of the witnesses have deposed against the accused in the said trial and the case of the Petitioner being in the same footing no fruitful result would come in case the exercise of trial is conducted in respect to the present petitioner and hence it is a fit case to quash the proceeding. Learned AGA, on the other hand, vehemently opposed the contention and submitted that the present Petitioner remained absconded all through and warrant has been issued against him on the basis of a prayer made by the IO. It is further submitted that all the witnesses have deposed substantially in connection to the incident and there is no material from which it can be inferred that the trial, in case proceeds against the present Petitioner, would result futile.
Observations of the Court:
The court observed that there was ample of material to deduce that the occurrence took place on the alleged date, the witnesses have not only deposed to the factum of the incident but also have given the description of the incident bit by bit. The witnesses have the occasion to see the culprits by face, gesture and posture so also the complexion. There is no material that the accused persons were masked and not identifiable leading thereby to suggest that there is a fair chance for the witnesses to identify the accused persons if they stand trial. The very fact that the Petitioner has remained absconded since the inception, the T.I. parade could not be taken by the investigating agency. On the contrary, the accused who faced the trial being a co-villager was known to the witnesses and the witnesses had the occasion to identify him in case of his involvement in the alleged crime. Consequently, the acquittal of the accused in the above referred C.T. Case would no way affect the result of the proceeding vis-à-vis the left out accused persons, if not in the offence alleged but a lessor one. In the above premises, there is no material in favour of the Petitioner to quash the proceeding at the threshold. Consequently, the same cannot be applied in favour of the Petitioner. The Court, therefore, is not inclined to invoke jurisdiction U/s.482 Cr.P.C to quash the proceeding.
Decision:
The CRLMC was accordingly dismissed on account of being devoid of merit.
Case: Debendra Pani @ Deba @ Jiru vs. State of Odisha
Citation: CRLMC No. 2137 of 2016
Coram: Justice Chittaranjan Dash
Date: 30.09.2022
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