The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.

JUDGMENT :

Savitri Ratho, J.

I have heard Mr. L.N. Patel, learned counsel for the petitioner and Mr. J. Katikia, learned Addl. Govt. Advocate for the State.

2. This application under Section - 482 of the Cr.P.C. had originally been filed on 27.10.2016 with a prayer for “ setting aside/quashing the order dated 29.09.2005 passed by the learned S.D.J.M., Sambalpur in C.T. Case No. 2058 of 2011 arising out of Jujumara P.S. Case No. 57 of 2004”.

On 11.01.2017, M.C. No. 129 of 2017 for amendment was filed in Court for amendment of the prayer portion. It was allowed on the same day.The consolidated petition was filed in court on the same day.

On 13.01.2017, this Court directed the learned counsel for the petitioner to get the up-to-date ordersheet in C.T. Case No.2058 of 2011 from the Court of the Learned S.D.J.M., Sambalpur after which M.C. No. 509 of 2017 was filed on 01.03.2017 for amendment of the case number mentioned as “C.T. Case No 2058 of 2011” in paragraphs 1, 9, 13 and the prayer portion to “C.T. Case No.2058(A) of 2004”. Prayer for amendment/correction was allowed on 07.03.2017 and consolidated petition was filed in court on the same day.

3. In the consolidated application filed on 07.03.2017 of the Code of Criminal Procedure, prayer has been made for “ quashing the entire proceeding pending in the Court of the learned S.D.J.M., Sambalpur in C.T. Case No. 2058(A) of 2004 arising out of Jujumara P.S. Case No. 57 of 2004”.

Copy of the order dated 29.09.2005 passed in C.T. Case No.2058 of 2011 has been annexed as Annexure-1. Copy of the FIR in Jujumara P.S. Case No.57 of 2004 has been annexed as Annexure-2. Copy of the judgment in S.T. Case No.183/76 of 2011 has been annexed as Annexure-3 and copies of the depositions of P.W.1 to P.W.6 have been annexed as Annexure-4 series to the CRLMC.

4. After 07.03.2017, the matter was listed after more than five years on 17.10.2022. It was adjourned on that day on the prayer of the learned counsel for the petitioner. It was again adjourned on 28.10.2022 and on 22.11.2022. On 8.12.2022, this Court found that although prayer had been made to quash the entire proceeding in C.T. Case No. 2058(A) of 2004 arising out of Jujumara P.S. Case No. 57 of 2004 but not a single document of such case had been filed nor had the uptodate ordersheet in C.T. Case No. 2058 of 2004 been filed inspite of order passed earlier. The petitioner was directed to produce the latest ordersheet in C.T. case No. 2058 (A) of 2004 and the case was posted to 13.12.2022. The matter was adjourned on 13.12.2022, 04.01.2023, 01.02.2023, 24.02.2023 and 04.05.2023 by the learned counsel for the petitioner.

5. On 04.05.2023 it was adjourned to 05.05.2023 as a last chance and the learned counsel for the petitioner had undertaken to produce the documents and complete his arguments on that day. As up- to-date order sheet in the case had not been filed, on 04.05.2023 this Court called for a report from the learned trial court through the Registry asking for the present status of the case. On 04.05.2023, the learned counsel for the petitioner had filed copies of the decisions relied on by him.

6. On 05.05.2023, a Memo had been filed by learned counsel for the petitioner where it was stated that a true copy of order dated 21.03.2023 had been filed but the document annexed to the Memo was a typed copy of the order dated 07.01.2023. As the learned counsel for the petitioner submitted that the date in the Memo was a typographical error, the Memo and the document were taken on record. Perusal of the typed copy of order dated 07.01.2023 reveals that S.T. case No. 14/33 of 2018 was posted for hearing on 07.01.2023 and on that day