ARUN KUMAR SARANGI Vs. MADAN PATTNAIK

JUDGEMENT

(1.) THIS is an application Under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 16.8.1995 passed by the learned S.D.J.M., Jajpur, in I.C.C. Case No. 1 80 of 1 993 taking cognizance against the petitioner for the offence Under Sections 325 and 504 of the Indian Penal Code.

(2.) THE brief facts of the case are that the sister of one Prafulla Kumar Das, who was reading in M.H.D. Mahavidyalaya.Chhatia, was alleged to have been misbehaved by Pramod Chandra Das (O.P.No.2) a Lecturer, on 16.4.1993 for which the Principal of the College called the said Prafulla Kumar Das through one Arjuna Ch. Sethi on 17.4.1993 to decide the matter. As per the request of the Principal, it is alleged, Prafulla Kumar Das along with one Khirod Kumar Sahu went to the office of the Principal in his vehicle bearing No. ORU 2895 being driven by his driver Madan Patnaik (O.P.No.l). It is further alleged that after reaching the college, Prafulla and khirod went to the Principal's office room. A few minutes thereafter when Prafulla in order to drink water asked his driver opposite party No.l to bring water bottle from the car. opposite party No.l went inside the Principal's office room with the water bottle and handed over the same to Prafulla. By that time, it is alleged, the present petitioner who was then the Asst. S.P. (U/T) and was posted as O.I.C., Badachana Police Station, along with S.I. B.N.Sahu, arrived there and entered inside the office of the Principal with lathi. It is alleged that the present petitioner abused O.P. No.l and when O.P. and No.l protested to the same, he gave two heavy blows on the head of O.P.No.l and then gave a push to his head, as a result of which his head dashed against the wall and opposite party No.l sustained bleeding injuries and fell down. Thereafter the petitioner gave five to six blows by means of a lathi on his body as a result of which opposite party No. 1 became senseless. On these allegations, opposite party No. 1 filed a complaint case against the petitioner and others in the Court of S.D.J.M., Jajpur which came to be registered as I.C.C. Case No. 180 of 1993. Enquiry Under Section 202, Cr. P.C. was conducted and as many as 11 witnesses were examined and ultimately charge was framed against the petitioner as aforesaid.

(3.) LEARNED counsel for the petitioner argues that even if the complaint petition is taken in its totality, no prima facie case is made out against the petitioner to frame charge Under Sections 325, and 504, I.P.C. That apart, the petitioner had gone to the college premises on being informed by the President of the College Union that there was apprehension of breach of peace which might ultimately lead to law and order problem in the College campus. The F.I.R. lodged by opposite party No. 2 also corroborates the aforesaid facts. Learned counsel for the petitioner submits that the petitioner had gone to the spot in order to discharge his official duty and, as it appears from the F.I.R. annexed to this application as Annexure 1, Prafulla along with two others forcibly entered into the class room when the informant was busy in teaching education to +3 1 st year students in room No. 8 and assaulted him and threatened him at the point of dagger as the informant was alleged to have taken away the incriminating matarials used for adopting unfair means from the possession of the sister of Prafulla in the examination hall.