Loknath Oram v. State of Orissa

CRLREV No.817 of 2015
08.09.2016 As it appears the petitioner Loknath Oram has filed this criminal revision dir
ectly against the order dated 01.12.2015 passed by the Principal Magistrate-cum-J.J. Board, Su
ndargarh in Special G.R. Case No.64 of 2015 which arises out of Bisra P.S. Case No.63 dated 27
.06.2015 in which charge sheet has been submitted under sections 323, 376-D and 506 of the Ind
ian Penal Code and section 6 of the POSCO Act.

 Learned counsel for the petitioner contended that in the meantime one of the c
o-accused namely, Gopal Kerketta approached this Court in an application under section 439 Cr.
P.C. vide BLAPL No.4858 of 2016 and he has been directed to be released on bail vide order dat
ed 10.08.2016 on the ground that the victim who has been examined as P.W.1 stated that she was
 simply physically assaulted by the accused persons and there was no rape and when she went to
 the police station to lodge the F.I.R., the police told her that unless she adds therein the
allegation of rape, the case would not be strong and hence, she added the allegation of rape t
herein. The victim further stated that she had given her statement under section 164 Cr.P.C. a
s directed by the police. It is further indicated in the order dated 10.08.2016 that the fathe
r and mother of the victim girl who are examined as P.W.2 and P.W.3 respectively, have also st
ated in the similar manner that the victim was simply assaulted but there was no allegation of
 rape.

 Learned counsel for the petitioner further

submits that after the co-accused Gopal Kerketta was released on bail by this Court in BLAPL N
o.4858 of 2016, the other co-accused namely, Sanjit Oram has also been released on bail by the
 learned Court below and therefore, the petitioner stands on a better footing and therefore, h
e should be released on bail.

 Learned counsel for the State on the other hand pointed out that the petitione
r has filed this revision petition directly before this Court challenging the order dated 01.1
2.2015 of the Principal Magistrate-cum-Juvenile Justice Board, Sundargarh which is an appealab
le order and therefore, this revision petition is not maintainable.