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1949 Supreme(Ori) 30

HIGH COURT OF ORISSA
PANIGRAHI, J., JJ.
Krupasindhu Panigrahi
Versus
Rex
Criminal Revn. No. 307 of 1948
Decided On : 11-07-1949

Advocates:
K. Patnaik-for Petnr.; Advocate-General - for Opposite Party.

The main legal point established in the judgment is the necessity of providing specific details of accusations and the challenges in analyzing evidence for wide-ranging charges under S. 110, Cr. P. C. The judgment also emphasizes the need for fair trials and highlights the potential misuse of S. 110, Cr. P. C. by the police.

Headnote:

S. 110, Cr. P. C. - Bond for good behaviour - [S. 110, Cr. P. C.] - The judgment discusses the application of S. 110, Cr. P. C. and the necessity of separate trials for individuals accused under this section. It highlights the importance of providing specific details of the accusations and the challenges in analyzing evidence for such wide-ranging charges. The judgment emphasizes the need for fair trials and the potential misuse of S. 110, Cr. P. C. by the police.

Fact of the Case:

The petitioner was served with a notice under S. 112, Cr. P. C. to show cause why he should not be directed to execute a bond to be of good behaviour under S. 110, Cr. P. C. for a period of three years. The police report cited numerous instances of misbehavior and offenses alleged to have been committed by the petitioner and two others over a period of twelve years.

Finding of the Court:

The court found that the order drawn up by the Magistrate was vague and did not provide sufficient details of the accusations. It also concluded that the joint trial of the accused under S. 110, Cr. P. C. would not result in a fair trial and recommended separate trials for the individuals accused.

Issues: The issues revolved around the adequacy of the notice served to the petitioner, the necessity of separate trials for individuals accused under S. 110, Cr. P. C., and the challenges in analyzing evidence for wide-ranging charges.

Ratio Decidendi: The court emphasized the importance of providing specific details of accusations and the challenges in analyzing evidence for wide-ranging charges. It also highlighted the potential misuse of S. 110, Cr. P. C. by the police and the need for fair trials.

Final Decision: The court allowed the revision petition, discharged the interim bond, and ordered that any enquiry under S. 110 against the petitioner should be separately undertaken and should await the result of the enquiry against the two principal accused.

Order. - The petnr. was served with a notice under S. 112, Cr. P. C., to show cause why he should not be directed to execute a bond to be of good behaviour under S. 110, Cr. P. C. for a period of three years. Along with the petnr. two other persons were also impleaded and served with similar notices and an enquiry M. C. No. 647/47 was started against the three persons by the Subdivisional Mag., Ghumusur. The Police filed a report under S. 110 (d), (e) and (f), Cr. P. C. against these three persons on 24-9-47 and cited 84 instances of acts of misbehaviour and offences alleged to have been committed or threatened to have been committed by one or the other of the persons named in the report covering a period of over twelve years commencing from 1935. The Police also cited 140 witnesses to be examined to prove the various acts of high-handedness alleged to have been committed at different times by these persons. The Mag. drew up proceedings on the 4th November in the following terms :

"Perused the report of the S. I, of Police, Aska and it appears from the Police report that you (1) Krupasindhu Panigrahi (2) Dondia Gowdo, and (3) Bancha Palo of village Horodapadoro, P. S. Aska, within the criminal jurisdiction of this Ct., habitually commit theft, extortion, cheating, and mischief and other offences involving a breach of the piece and also are so desperate and dangerous as to render your being at large, without security, hazardous to the community as detailed in the police report (copy enclosed)."

You are, therefore, required under S. 110 (a), (d), (e) and (f), Criminal P. C. to show cause by 11-11-1947 why you Krupasindhu Panigrahi should not be ordered to execute a bond of Rs. 2000 with two sureties for like amount and Dondia Gowdo and Bancha Palo should not be ordered to execute a bond of Rs. 500 etc . . . etc. . .."

2. Although the order recites that a copy of the Police report is enclosed it is asserted by the petnr. and it is not denied by the learned Advocate-General appearing for the Crown-that no such copy has been served upon the petnr. The petnr. appeared in due course and applied to the Deputy Mag. to take up his case separately and not to try him jointly with the two others as he apprehended that prejudice would be caused to him. He also prayed that his personal attendance may be waived and that he may be permitted to appear through a pleader as he was sick and was not able to attend the proceedings which were likely to occupy a long time. The Deputy Mag. dismissed his petn. and rejected both his prayers on the ground that the Police report showed that the petnr. and the two other persons charged with him were his associates and that there would be no prejudice or illegality in a joint trial. He rejected the petnr.s prayer for exemption from personal attendance on the ground that the petnr. not being an accused person, S. 540A, Criminal P. C. did not apply. It is against this order that the petnr. has now come up in revn. to this Ct. The petnr. also moved the Dist. Mag. before filing his revn. petn. in this Ct., and the Addl. Dist. Mag who heard his appln., has recommended to this Ct. that the order of the Deputy Mag. should be quashed and that a separate trial should be ordered as, in his opinion, a joint enquiry would be prejudicial to the persons proceeded against:

3. The case against the petnr. as it appears from the Police report, is that he is a rich landholder and money-lender in village Horodopadoro, under the jurisdiction of the Aska Police Station :

"Since about 12 years he started Increasing and adding to his landed properties by making clandestine purchases from one party or other having disputes on lands and also made or attempted to make people quit their lands in his favour by putting them in fear of grievous assault and other kinds of mischief such as rendering them homeless, by setting fire to their houses and by assaulting them with the help of a set of ruffians maintained by him solely for the purpose an











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