SANKARSANA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the applications have been filed by the petitioner-Sankarsana Behra with a prayer to quash the orders dated 28.3.2006 in 2(b)C.C. Nos.3 & 4 of 2006, by which orders the learned S.D.J.M., Gunupur has been pleased to take cognizance against the petitioner for the offences under Sections 21 of O.T.T. Rule, 1980 and 27(3) (a) of O.F.A., 1972.

(2.) Learned counsel for the petitioner submitted that while the petitioner was working as "Block Development Officer" at Gudari Block in the district of Rayagada on 12.9.2005 as well as on 14.9.2005, the campus of the Panchayat Samiti, Gudari was searched by the Forest Range Officer, Gudari Range and found Sal poles, 3rd Class Misc. Poles and small Salia bamboo pieces at the Panchayat Samiti campus after they had been used as construction materials of the block building under the supervision of the Junior Engineer of the Block.

(3.) It is further stated that the offence reports dated 12.9.2005 (CRLMC No.1690 of 2006) and 14.9.2005 (CRLMC No.1689 of 2006) under Annexure-2 series, were filed and registered as 2(b)CC Case Nos. 3 and 4 of 2006 in the court of the learned S.D.J.M., Gunupur impleading the present petitioner as the sole opposite party, who was then working as B.D.O. for the alleged offence under Sections 21 of OTT Rule, 1980 and under Section 27(3)(a) of O.F.A, 1972.