JUDGMENT :

S. K. SAHOO, J.

1. The petitioner Okil Paikray has filed this application under section 482 of the Code of Criminal Procedure, 1973 for quashing the entire proceeding in G.R. Case No.1011(A) of 1995 in which charge sheet has been submitted under sections 457/395 of the Indian Penal Code against eight accused persons including the petitioner which arises out of Chandanpur P.S. Case No.79 of 1995.

2. It appears that the case was instituted on 01.08.1995 on the basis of the first information report submitted by one Gangadhar Mohapatra before the Officer in charge of Chandanpur police station, on the basis of which Chandanpur P.S. Case No.79 of 1995 was registered under sections 457/395 of the Indian Penal Code against unknown persons and after completion of investigation, charge sheet has been submitted against the petitioner and seven others.

3. The sole ground taken in this application under section 482 Cr.P.C. for quashing the proceeding against the petitioner is that five of the co-accused persons namely Ghana Baral, Pravakara Mohapatra, Debaraja Jena, Nabaghana Parida and Gauranga Naik have faced trial in the Court of learned Asst. Sessions Judge -cum-C.J.M., Puri in S.T.