SANJEEB KUMAR MARIK Vs. BAL GOPAL MISHRA AND

JUDGEMENT

(1.) THE petitioner in this application under section 482 of the Code of Criminal Procedure call in question the legality of the order dated 9 7 1996 passed by the Sub Divisional Judicial Magistrate, Bolangir, in I. C. C. Case No. 16 of 1993 taking cognizance of the offence under sections 506/294 of the Indian Penal Code ('I. P. C.', in short) and issuing process against him.

(2.) THE brief facts leading to this application are as follows : Opposite party No. 1, Balgopal Mishra, on being declared elected as Member of Parliament of Bolangir Lok Sabha constituency took out a victory procession on 27 11 1989 in Bolangir town. At about 2.30 p. m. when the processionists were passing in front of the residence of the Superintendent of Police, they gave provocative slogans, pelted stones and abused the S. P. in. filthy languages. The police force which was accompanying the procession took reasonable steps to disperse the unruly crowd. One D. B. Sethi, S. I. of Police of Bolangir Town P. S., who was accompanying the process along with other police personnels lodged a report about the aforesaid incident at the Town Police Station which was registered as F. I. R No. 214 dated 27 11 1989, corresponding to G. R Case No 548 of 1989, under sections 143, 294, 336,/506 read with section 149, I. P. C. (Annexure 1), After due investigation, chargesheet has been filed against opposite party No. 1 vide Annexure 3, and the case is pending for trial in the court of the learned S. D. J. M., Bolangir.

(3.) ON perusal of the allegations made by the complainant in his F. I. R. as also in the complaint petition, it seems to be developed when he describes in the complaint petition that 'On the way and at the time of chasing, the accused person No.1 was shouting at the top of his voice and abusing the complainant in filthy languages.........'