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2008 Supreme(Ori) 704

P.K.TRIPATHY, N.PRUSTY
ASHOK DAS ALIAS GOPAL DAS – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
S. Swain, D.P. Pradhan, R.K. Pradhan, J. Pal, M. Mohanty and A.N. Mishra, in Criminal Appeal No. 251 of 1997 and A.K. Mishra, in Govt. Appeal No. 20 of 1999, for the Appellant; A.K. Mishra, Standing Counsel in Crl. Appeal No. 251 of 1997 and J. Patnaik, R. Rath, A.A. Das, B. Mohanty, T.K. Pattnaik, S. Das and P.K. Nayak for Respdt. No. 1, D.P. Dhal, D.K. Das, R.K. Rath, P.K. Tripathy for Respdt. Nos. 2, 4 and 5, D. Nayak, S. Swain and D.P. Pradhan for Respdt. No. 3 in Govt. Appeal No. 20 of 1999, for the Respondent

JUDGMENT :

P.K. Tripathy, J. - G.R. Case No. 420 of 1990 of the Court of S.D.J.M., Bhadrak was registered on the basis of Agarpada P.S. Case No. 16/1996. It reveals from the G.R. case record that accused Susanta Das was arrested and produced on 6.4.1996. Thereafter, he remained in judicial custody. Accused Pitambar Giri was arrested and produced before the learned S.D.J.M. on 11.04.1996 and remanded to the judicial custody. Charge-sheet was received on 3.7.1996 showing accused Ashok, Somanath and Mahendra as absconders. Amongst them, accused Somanath Swain and Mahendra Jena surrendered in the Court respectively on 12.7.1996 and 19.7.1996 and remanded to the judicial custody. Non-Bailable Warrant of Arrest was issued against accused Ashok. Since that warrant was not executed till 19.11.1996, therefore, on that date, the case was committed to the Court of Session u/s 209, Code of Criminal Procedure directing the aforesaid accused persons to face the Trial in the Court of Session. The spilt up case i.e. G.R. Case No. 420 of 1996 was maintained in the Court of S.D.J.M. to pursue the warrant for appearance of accused Ashok. On 19.03.1997, he was arrested and produced in the Court of S.D.














































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