DWARIKANATH DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Whether the enquiry contemplated under section 202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'code' for brevity) is to follow order of cognizance in a complaint case or the enquiry under section 202 of the Code should be taken up before the order of taking cognizance is the question that arises for determination.

(2.) The facts leading to filing of this revision is that the opposite party No. 2 had filed a complaint petition before the learned Sub-Divisional Judicial Magistrate, Jaipur vide I.C.C. No. 302 of 2006. Such complaint was forwarded to the O.I.C., Balinchandrapur Police Station under section 156 (3) of the Code to investigate and report. Since no investigation was conducted, the learned S.D.J.M., directed for appearance of the O.I.C. on 1.11.2006.

(3.) The complainant alleges that being aggrieved by the direction of the Court, the O.I.C. reached house of the opposite party No. 2 on 1.11.2006 at about 11 a.m. and knocked her door. When the lady persons in the house opened the door, at the instance of the O.I.C. and A.S.I. of Police Station, the petitioners entered inside the house and took away the valuable articles. It is further alleged that when the lady members protested, the police officer abused and threatened the inmates in obscene language. It is also alleged that petitioner Nos. 6 and 7 outraged the modesty of the sister of opposite party No. 2. Petitioner Nos. 4 and 9 assaulted the mother of the opposite party No. 2 by giving fist blows. On such incident, the opposite party No. 2 initiated another complaint case bearing Case No. 398 of 2006. In that complaint petition, the learned Magistrate recorded initial statement on 2.11.2006 and then proceeded with the enquiry under section 202 of the Code. On 17.11.2006 and 21.11.2006, he recorded the statements of witnesses produced by the complainant. As per order dated 14.4.2006, learned S.D.J.M., Jaipur took cognizance of the offences under sections 380, 354, 323, 506, 294 and 452/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.' for brevity) and ordered for issue of process against the petitioners and proforma opposite parties.