NARENDRA AICHA ALIAS BABALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 29.07.2009 passed by the learned Assistant Sessions Judge, Anandapur in S.T.Case No.17/57 of 2009 declining to club it up with S.T. Case No.16/55 of 2009.

(2.) BEFORE delving into the legality and propriety of the impugned order, it is necessary to give a brief resume of events of both the sessions cases, clubbing up of which has been sought for. S.T. Case No.16/55 of 2009 arises out of G.R.Case No.165 of 2008 and Nandipada P.S. Case No.28 of 2008 registered on the basis of FIR lodged by Smt. Manjarika Panda. The allegation in this case is that on 30.03.2008 at about 9.30 a.m. while the informant was busy in her household work, the petitioners along with others being armed with weapons like bhujali, khanda, bomb, thenga, gun, etc., came to her house, abused her in obscene language, uprooted the fence and threatened to kill her. Since her husband was absent, she rushed inside the house. But, petitioner no.1 Narendra and petitioner no.2 Babuli caught hold of her, dragged her out and tried to disrobe her. It is also alleged that one Anil Pattnaik (not charge- sheeted) tried to hit her head by a Nepali Katta but she warded off and became unconscious. After regaining sense, she found that the accused persons have taken away cash of Rs.40,300/-in cash, gold ornaments and radio. When the Grama Rakhi protested, he was also assaulted. In this case, charge-sheet has been filed against the petitioners under Sections 452/341/294/427/354/307/323/34 I.P.C. So far as S.T. Case No.17/57 of 2009 is concerned, it arises out of G.R.Case No.166 of 2008 and Nandipada P.S.Case No.29 of 2008 registered on the bais of FIR lodged by Anusaya Barik. Her allegation is that on 30.03.2008 her husband Narahari was posted at the house of Umakanta Panda of village Badarampas as Gramarakhi as per direction of the O.I.C. Nandipada Police Station. On that day, at about 9.30 a.m. the petitioners and others including one Anil Pattnaik (not charge-sheeted) came near the house of Umakanta Panda, hurled obsence language and declaring to finish him forcibly entered into his house. When Narahari protested, he was assaulted. They also assaulted Manjarika and stole away gold ornaments, cash and other items from the house. In this case charge-sheet has been filed against the petitioners under Sections 447/341/294/323/325/307/353/34, IPC.