HARISCHANDRA PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under Section 482 Cr.P.C, the petitioner-Harischandra Patel has sought for quashing the order of cognizance dated 15.12.2008 passed by the learned S.D.J.M., Bolangir in G.R. Case No. 535 of 2008 taking cognizance against the petitioner and another under Sections 452, 332, 427, 506/34 I.P.C.

(2.) Shorn of unnecessary details, as would be evident from the case records, an F.I.R. was lodged by the informant-William Bilung, who was then working as the Special Land Acquisition Officer, Lower Suktel Irrigation Project, Bolangir alleging that on 12.8.2008 at about 5.30 PM while the informant was in his office, the petitioner along with one Banamaii Khuas (co-accused) entered into his office and demanded advance payment for the fruit bearing trees situated over the land which was acquired from the petitioner and others under the Land Acquisition Act. It appears that when the informant denied to fulfil their demand, a group of 10 to 12 persons who were in his office and started arguing with him. It is further alleged that in course of such argument, the co-accused Banamaii Khuas, assaulted the informant and threatened to kill him which resulted in filing of the F.I.R.

(3.) Learned Counsel for the petitioner, inter alia, submitted that on reading of the F.I.R. as well as the statements recorded under Section 161 Cr.P.C, no offence whatsoever is made out against the petitioner. He contended that the office of the Land Acquisition Officer is a "public place" and the petitioner has every right to go to that office and make request for release of advance compensation towards fruit bearing trees. Since the alleged assault and threat was made by Banamaii Khuas, the petitioner should not be dragged to such a case by aid of Section 34 IPC.