LAWS(SC)-2007-7-76

JAPANI SAHOO Vs. CHANDRA SEKHAR MOHANTY

Decided On July 27, 2007
JAPANI SAHOO Appellant
V/S
CHANDRA SEKHAR MOHANTY Respondents

JUDGEMENT

(1.) Leave granted.

(2.) An important and interesting question of law has been raised by the appellant in the present appeal which is directed against the judgment and order passed by the High Court of Orissa on June 20, 2006 in Crl. M. C. No. 5148 of 1998. By the said order, the High Court quashed criminal proceedings initiated against the respondent- accused for offences punishable under Sections 294 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(3.) Brief facts of the case are that the appellant is a complainant who is inhabitant of village Damana under Chandrasekharpur Police Station. He had constructed many shops on his land on the side of the main road of Chandrasekharpur Bazar from which he was earning substantial amount by way of rent. It is alleged by the complainant that the accused was, at the relevant time, Inspector of Police at Chandrasekharpur Police Station and was aware that the complainant was receiving good amount of income from shop rooms erected by him.