P SIMADRI ALIAS REDDY Vs. GIRIDHARI PRADHAN

JUDGEMENT

(1.) This application u/S. 482, Cr. P.C. is filed by P. Simadri alias Reddy, one of the accused persons in I.C.C. Case No. 59 of 1996 of the Court of S.D.J.M., Berhampur with a prayer to quash the order of cognizance dated 10-8-98. The complainant is opposite party in this case. The three other co-accused persons have not been added as party to this proceeding.

(2.) The undisputed fact is that the opposite party filed a complaint, which was registered as I.C.C. Case No. 59 of 1996, in which he alleged regarding forcible entry and removal of some quantity of mangoes from Survey Nos. 1197 and 1198 of Holding Nos. 404/142 and 404/122 in village Tarinipentha measuring an area of Ac. 0.785 decimals having 80 mango trees. Complainant alleged that on 7-5-96 at 5 p.m. the accused persons trespassed into the said land and commited theft of two quintals of mango and when protested by the wife of Parsu Pradhan, they abused and threatened her to kill. The complainant alleged that the tope has been leased out by him to Parsu Pradhan for the year 1996. On receipt of the complaint and after examining the complainant, learned S.D.J.M. conducted an inquiry u/S. 202, Cr. P.C., and in that inquiry complainant examined himself as well as the wife of Parsu Pradhan and one witness named Domburu Pradhan. It reveals from the cerified copy of the statements of the complainant that on 7-5-96 at about 5 p.m. accused persons entered into the tope and by use of force, plucked and took away about 500 kgs. of mangoes in spie of protest of Basanti, the wife of Parsu Pradhan. Accused persons again plucked 200 kgs. of mangoes and while collecting the same Basani Pradhan again protesed, they did not pay any heed to such protest bu threatened her. Basanti raised hullah and Domburu Pradhan and ohers reached there and detained the accused persons. On receipt of the information, complainant went and found the accused persons and the mangoes and thereafter went to the Police Station and reported the matter. Police came and took the mangoes and the accused but therafter police did not take any action.

(3.) Basanti Pradhan as witness No. 1 stated that she knows accused Simadri only. She further stated that her husband had taken the pope on lease. On the date of occurrence at about 5 p.m. when she was in the tope, accused persons committed theft of mangoes from the mange-tope, to which she protesed and raised hullah when threatened by the accused persons, and Damburu Pradhan and other witnesses arrived a the spot. By then accused persons had gathered mangoes in six sacks. She asked the accused persons not to pluck mangoes and at that the accused persons left the place with three sacks of mangoes. At about 7 p.m. her husband arrived at he spot and she informed the occurrence to him. Domburu Pradhan, the P.W. 2, has stated that he knows the accused Simadri only and that on hearing shout raised by Basanti, he along with four others came up on the mango tope and found Simadri with three others taking away six sacks of mangoes. He and others intervened. Simadri threatened to assault, but they did not allow removal of the mangoes. At about 6 p.m. the complainant reached the mango tope and thereafter he went to the Police-Station and repored the matter. Police came and took away the mangoes and accused Simadri and his associates.