AMULYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present application under Section 482 of the Code of Criminal Procedure, the petitioners have sought to challenge the order dated 14.11.2006 passed by the learned J.M.F.C, Pipili in I.C.C. Case No.16 of 2004 taking cognizance of offences under Sections 341 and 294 read with Section 34 of the Indian Penal Code.

(2.) On a perusal of the complaint filed by Opposite Party No.2 Bishnu Chandra Behera, it appears therefrom that, the complainant has complained of two distinct occurrences which allegedly occurred on 1.9.2002 at Gudia Pokhan Chhak and on 15.5.2004 at Kausaiyagang Out Post.

(3.) Insofar as the alleged incidence which occurred on 1.9.2002 is concerned, it is alleged that the petitioners obstructed the complainant while he was travelling on the road and Petitioner No.3 Bamadev Mahanty, who was on the relevant time posted as A.S.I, of Police at Kausaiyagang Out Post threatened the complainant to withdraw the civil case filed by him against the father of Petitioner Nos. 1 and 2 and when the complainant did not agree for such withdrawal, Petitioner No.3 asked the other petitioners to assault him. in course of which. the complainant and his son, namely. Saroj. were assaulted by fist blows and stick and further that when the younger son of the complainant came to the spot, he was also assaulted by means of an iron rod by Petitioner No.l. It is further alleged that Petitioner No.3 took away the motorcycle belonging to the son of the complainant and kept the same at the Out Post. As a consequence of which, the complainant was compelled to agree with the compromise of the civil suit filed by him against the father of Petitioner Nos. 1 and 2.