A Magistrate cannot take cognizance of the same offence multiple times once it has been committed to the Sessions Court, affirming that further cognizance without proper cause is legally impermissible.

JUDGMENT :

G.SATAPATHY, J.

1. The petitioner by invoking the jurisdiction of this Court U/S. 401 read with Section 397 of the Code of Criminal Procedure, 1973 ( in short, “CrPC”) has challenged the order dated 25.09.2023 passed on the protest petition filed in the shape of complaint in ICC No. 11 of 2023 arising out of G.R. Case No. 14 of 2021 corresponding to Mahanga P.S. Case No. 5 of 2021, by which the learned J.M.F.C., Salipur has again taken cognizance of offences punishable U/Ss. 302/120-B and 506 of Indian Penal Code, 1860 (in short, “ IPC ”) and directed the complainant to file requisites for issuance of process against the petitioner.

2. The main ground of challenge in this revision is that the impugned order taking cognizance of offences again being passed on the second protest petition subsequently to the order taking cognizance dated 03.05.2021 passed in G.R. Case No. 14 of 2021 for commission of offences punishable U/Ss. 120- B/147/148/302/506/149 of IPC read with Section 26 /27 of Arms Act and committing the case record to the Court of Sessions on 08.10.2021 qua the other accused persons which was registered as S.T. Case No. 32 of 2021 of the Court of learned Additional Sessions Judge, Salipur, is illegal and unsustainable in the eye of law, since cognizance of offence is taken once as well as after commitment of records, there remains no record with the committing Court.

3. The short background facts required for disposal of this revision are that on 02.01.2021 at about 7.50 PM, two persons namely Kulamani Baral and Dibyasingh Baral of village Jankoti were being brutally assaulted by a group of persons with lethal weapons like sword, billhook, gun and chappad(sharp cutting weapon), near the house of one Suresh Chandra Sarangi leading to their death in the hospital at CHC, Mahanga. On the next day at about 8.35 AM, one Ramakanta Baral who was the son of the deceased Kulamani Baral appeared at Mahanga PS and presented an FIR (Annexure-1) alleging therein against 14 persons in killing his father and deceased Dibyasingh Baral, but in such FIR the informant Ramakanta Baral specifically alleged against the present petitioner who was then a sitting MLA and was earlier a Minister, for giving threatening to kill the deceased Kulamani Baral who disclosed it before the informant just four days before the occurrence.

3.1 On the aforesaid FIR, Mahanga PS Case No.5 of 2021 corresponding to GR Case No.14 of 2021 of the Court of learned JMFC, Salipur was registered against the petitioner and others for commission of offence U/Ss.147/148/149/506/302/120-B of IPC r/w Sections 25/27 of Arms Act and, accordingly, the investigation ensued in the matter which culminated in submission of charge-sheet against 13 accused persons on 01.05.2021, but the investigating officer did not file any chargesheet against the petitioner and another person namely Shakti Prasad Rout as the allegation against them could not be substantiated. On receipt of the charge-sheet(final form), the learned JMFC, Salipur vide order dated 04.05.2021 (Annexure-3) by taking cognizance of offences issued process against the accused persons named in the final form submitted by the IO