HARIHAR PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) In this application filed under Sec. 482 of Cr.P.C., the Petitioner challenges the orders dtd. 25/3/2019 and 13/9/2019 passed by learned J.M.F.C., Rayagada in G.R. Case No.196/2018 whereby the petitions filed by him for discharge and for deletion/alteration of charge respectively were rejected.

(3.) The brief facts of the case are that the Petitioner is an accused in the aforementioned case, which has arisen out of Rayagada P.S. Case No.84 dtd. 10/5/2018 for the alleged commission of offences under Ss. 448/294/506 of I.P.C. The said case was registered on the basis of an F.I.R. lodged on 10/5/2018 by one Debarchan Behera, the Divisional Forest Officer of Rayagada Division before Town P.S., Rayagada alleging therein that he had called the accused -Petitioner to his office and, accordingly, he came to his office at 11.30 A.M. to his Chamber while Range Officers were discussing official matters. On being asked about the contents of a letter that the Petitioner had written by the D.F.O., he suddenly became enraged and abused in unparliamentary language, throw away official files placed on the D.F.O's table and also banged on his office table. It is also alleged that there was bitter exchange of words between the Petitioner and one P.K.Naik, In-charge Range Officer, K.Singpur Range during which the Petitioner abused in caste line and, thereafter, moved out of his office chamber and started scolding the DFO in unparliamentary language in presence of field and office staffs and also threatened to kill him. On the basis of such F.I.R., investigation was taken up and after completion of investigation, charge sheet was submitted against the Petitioner under Ss. 448/294/332/353/506 I.P.C.