CHINTAMANI PARIDA Vs. JADUMANI

JUDGEMENT

(1.) ON the basis of a first information report lodged by one Bhagabat Mohanti, of village Baliapat within the Fategarh Police Station of Puri district alleging commission of several offences by the accused persons belonging to the adjacent village Sanasahara arising out of claim of using an orchard as graveyard for cremation of dead bodies. G.R. Case No. 34 of 1978 has been instituted and is pending trial in the Court of the Judicial Magistrate at Khandapara. A complaint has also been filed by one Jadumoni Naik of Baliapat several months after the alleged occurrence implicating several persons including some persons accused in the police case which has been registered as Complaint Case No. 94 of 1978 and is pending in the same court. In the first information report, it was alleged that the land in dispute is a part of mouza Baliapat and the villagers have tenancy right therein. The villagers of Sanasahar claiming right of cremation of dead bodies of people belonging to their village carried a dead body on the date of occurrence. Apprehending trouble, the informant's party had sought police help and two constables had been deputed to the spot to maintain peace. The Officer -in -charge of the Police Station also came there armed with a revolver. He had succeeded in collecting all the weapons from the two groups and put them in charge of a constable and had managed to keep the groups separated" At this point of time, on account of certain wild remarks made by the villagers of Sahara, dispute started and the police officer who fired blank shots with a view to pacifying the mob was attacked. He fired a shot resulting in the death of a villager of Baliapat. It was further alleged that one Dinabandhu Sahu of Sahara fired a pistol shot at Jadumani Naik of Balipat which hit him in the shoulder and he fell down. The learned Magistrate did not take cognisance of any offence against the police officer for want of the requisite sanction as required Under Section 132 of the Criminal Procedure Code, but by his order dated 27.9.1979 took cognisance of offences under Sections 302, 307, 148, 326, 337/149. I.P.C. read with Section 27 of the Arms Act against the rest of the accused persons. Criminal Revision No. 450 of 1979 is by the accused persons and they have asked for a direction that the case should proceed for trial of offences under Sections 147, 148, 149/337, I.P.C. and not for the remaining.

(2.) AS already stated Jadumani filed a complaint against several persons of village Sahara including some of the accused persons in the Police case. The learned Judicial Magistrate by his order dated 27.9.1979 directed that : -

(3.) SECTION 210 of the Criminal Procedure Code provides : -