PADI MARAYANA Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) The petitioners in this Criminal miscellaneous petiiion filed under sec. 482, Cr.P.C. are accused 1 to 19 and 21 and 22 in S.C.No. 60 of 1981 on the file of the Court of Session, Srikekulam.

(2.) on 6-6 1980. Havildar 361 of 'A' Company of 5 A P S P gave a report to the Kasibugga police station stating that a Special Police Party was being kept at Kambrigam to maintain law and order; that on the same day, he and his party went there to relieve the previous party; that the Police Party was camping in a vacant school building; that at about 12 noon the petitioners and some others of Kedaripuram, about 70 in all, came there armed with sticks and knives; that they raised cries that unless one or two police were killed, the police dogs would not go away from the village and that they would not be able to cultivate the lands unless the police went away. Shouting those slogans, they were said to have pelted stones at the police came and damaged the building. Not heeding the advice of the police party not to resort to violence the accused were said to have dragged, to some distance the Havildar and three constables, two of whom were said to have escaped from the clutches of the mob. The Havildar was given some blows with hands. At that stage, the Havildar ordered one of the party to open fire On the hearing of those orders the mob began to run away. The Havildar and his constables pursued those persons and arrested 18 of them and recovered knives and sticks from those persons. The Havildar and four constables received simple injuries during the occurence of pelting stones.

(3.) The Kasibugga Police Station registered Crime No. 68 of 1980 for offences under Sections 147, 148, 308, 332 and 323, IPC on the strength of the above report and filed a charge sheet before the Judicial First Class Magistrate, Palasa, for the above mentioned offences.