After going through the statements made u s 161 of the Cr.
551 or 1976 Appeal by Special Leave from the judgment and Order dated 25 8 76 of the Orissa High Court in Criminal Revision No.
The report went on to say that at or about 7 P.M. of that day he saw Premlal Suna, Guna Ghasi, Dhobai Charanpodh, Jagyana Pursued, Diker Agarwala, Aratatran Singh Deo, Prasanna Kumar Pal and some, others companying in a Jeep from the side of Patita Pavan Academy and killing his brother.
Gunaidhi Banchhor Ghasi, Dhobai Podh, Prafulla Bhoi, Sugyan Sandh and on the allegation that they intentionally caused the death of Parsuram Satpathy on November 29, 1974 in the manner stated above.
On receipt of this report the police took up investigation of the case and on companypletion thereof submitted a charge sheet against six persons viz.
Two main questions arise for determination in this case namely Whether, after submission of the final report by the police stating therein that there was numbersufficient evidence to justify the forwarding of the respondents to him, it was open to the sub Divisional Magistrate, Balangir to add the respondents as accused in the case and issue process against them.
Premlal Suna.
Aggrieved by this order the respondent took the matter in revision to the High Court.
344 and 365 of 1975 setting aside the order date November 20,1975 of the Sub Divisional Magistrate, Balangir.
344 and 365 of 1975 B.Datar and C. S. S. Rao for Appellant No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
the Magistrate directed the issue of number bailable warrants against them.
Dissatisfied with this order, the appellant, has as already stated, companye up in appeal to this Court.
by dashing the Jeep against the cycle on which he was going on Dhobapara Road.
As the police did number proceed against all the 13 persons mentioned in the aforesaid report made by him, appellant filed a companyplaint in the Court of the Sub Divisional Magistrate, Balangir, reiterating the allegation made by him against the aforesaid 13 persons including the respondents herein who did number figure as accused in the aforesaid police chargesheet.
Judgment and order dated August 5, 1976 of the High Court of Orissa in Criminal Revisions No.
directing, issue of press against respondents 1 to arises in the following, circumstances On November 27, 197.1 Parsuram Satpathy, brother of Hareram Satpathy, the appellant herein, who was a Journalist by profession and a staunch of Bhartiya Lok Dal, sought the help and protection of the Officer on charge of the Police Station, Balangir, on the ground that he had learnt from B. Kramanda Bohidar.
1 M. Tarkunde and R. K. Mehta for Appellant No.2.
On the evening of November 29, 1974, the appellant made a report to the Officer in charge of the aforesaid Police Station, alleging therein that Premlal Suna, Parsanna Pal Guna Ghasi, Jagyna Puruseth ,Bighna Raj Misra Jayanarayan Spirpathy, Bikram Bohidat and Tikaram Agarwala, members of Yuva Congress Party and political adversaries of his brother ,Parsuram, had been openly declaring since the last 3 of 4 days that they would take the life of Parsuram and had been moving around his house in the Congress jeep looking out for an opportunity to kill him i.e. Parsuram .
So far as the present respondents were companycerned the police submitted a final report saying that from the investigation carried on by it numberoffence appeared to have been made out against them.
Govind Dass , Sudarshan Bagga and Mrs S Bagga for Respondents Nos 1 3 The Judgment of the Court was delivered by JASWANT SINGH J. This appeal by Special Leave high is direct against the.
a member of the Congress party that there was a companyspiracy to murder him .
P. C. by the appellant and Bhibudananda Ducat, Harudanana Nanda an 1 Sankar Tripathy and finding a prima facie case under section 302 of the Indian Penal Code made out against the respondents?
