SIMA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard.

(2.) This application under Section 482, Cr.P.C. is disposed of at the stage of admission after hearing earned counsel for the petitioner and learned Addl. Government Advocate.

(3.) On the basis of the admitted position on record the fact is evident that because of the death of the deceased due to firing from a S.B.M.L. gun, the case under Section 304-A, I.P.C. read with Section 25 of the Arms Act was registered and cognizance of such offences was taken in G.R. Case No. 174 of 1989 by learned J.M.F.C., Aska as per order dated 23.1.1991. At the stage of consideration of charge on 1.10.2001 the trial Court, i.e. J.M.F.C., Aska has passed the impugned order stating that a prima facie case under Section 304 (II), I.P.C. is made out, Hence, he took cognizance of the offence under Section 304 Part-II, I.P.C. along with section 25 of the Arms Act and ordered to commit the case to the Court of Sessions.