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2008 Supreme(Ori) 698

PRADIP MOHANTY
BUNI ` MURALI BARIK – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.N. Mishra, S.K. Swain and D.S. Mihra, for the Appellant; B. Mohanty, S. Das, G. Tripathy and S. Patanayak, for the Respondent

JUDGMENT :

Pradip Mohanty, J. - In this revision, the Petitioners call in question correctness of the order 14.11.2007 passed by the Learned Second Addl. Sessions Judge, Puri in S.T. No. 44/158 of 2007/2005, S.T. No. 45/221 of 2007/2006 and S.T. No. 46/131 of 2007 rejecting their application for discharge.

2. The Petitioners are some of the accused persons in the above noted S.T. cases. Initially, the Petitioners and 12 other accused persons were charged under Sections 147, 148, 323, 324, 325, 326, 294, 286, 354, 307, 302 and 149 Indian Penal Code read with Section 9(b) of the Indian Explosive Act and Section 27 of the Arms Act. But, on the basis of a petition filed by the prosecution, the Trial Court by order 04.10.2007, after hearing both parties and on consideration of materials available on record, altered the charge and those 12 accused persons were charged u/s 302 Indian Penal Code and Sections 147/148/307/323/149 and 354/149 Indian Penal Code read with Sections 25 and 27 of the Arms Act and Section 9(b) of the Indian Explosive Act. The charges against other accused persons remained the same. The Petitioners filed a petition u/s 227 Code of Criminal Procedure. to discharge them











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