DEBENDRA KUMAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Shri Bijan Ray, learned Senior Advocate, and Shri N.P. Pradhan, Advocate, for the petitioner, and Shri Sisir Das, learned Addl. Govt. Advocate, for the State.

(2.) The petitioner has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') with a prayer to quash the proceedings in G.S. Case No. 1213/2001 alleged to have been registered against him in the Court of the S.D.J.M. , Puri, on the basis of the F.I.R. in Annexure 2, because previously an F.I.R. was lodged on the self-same allegation on the basis of which G.R. Case No. 1218/2001 was registered in the same Court. According to the petitioner, the subsequent FIR in respect of the self-same occurrence is beyond the purview of Ss. 154 and 156 of the Cr. P.C. Therefore, pendency of the second FIR will cause undue harassment to the petitioner. According to the petitioner, the petitioner has been harassed and has suffered a lot due to the second FIR as well as due to the pendency of the Criminal Proceedings as the petitioner has been suspended from service since the registration of the first FIR. It is further submitted that the petitioner is an innocent person and has been roped in falsely in the alleged offence.

(3.) Pursuant to the direction of this Court dated 12-12-2001, learned Addl. Govt. Advocate has produced the case diaries of both the cases. The L.C.Rs. of both the cases were also called for and are available for my perusal. Perusal of the case diaries of both the cases and the records of both the cases, namely, G.R. Case Nos. 1218 and 1213 of 2001, and the facts narrated in the application, tends to reveal as follows :- One Rabindra Kumar Sahoo alias Dhadu was brought to Chandanpur Police Station in connection with a cycle-theft incident and was kept in the police hazat. On 2-10-2001 at about 6-30 p.m. the aforesaid Rabindra was found hanging inside the hazat latrine by means of a Lungi. Thereafter Chandanpur P.S. U.D. Case No. 18/2001 was registered and the present petitioner, who was then posted as the officer-in-charge of Chandanpur P.S. in Puri district, appointed himself as the Investigating Officer to investigate into the aforesaid U.D. case. Subsequently, on the direction of the Superintendent of Police, Puri, the investigation of the case was handed over to one Ratnakar Das, Deputy Superintendent of Police (L.R.), Puri, who, during the course of investigation of the aforesaid case, filed an FIR (Annexure-1) before the Chandanpur P.S. on 3-10-2001 alleging therein that the deceased Rabindra Kumar Sahoo was brought to the P.S. by the petitioner on the plea of interrogation in connection with a cycle-theft case and was kept confined in the P.S. hazat since 30-9-2001 and on 2-10-2001 at about 6-30 p.m. the deceased was found hanging from the sky-light rod of the hazat latrine by means of a Lungi. The petitioner along with his other staff brought down the dead body by releasing the tie-knot. During the inquest, some visible marks of injuries were noticed on the dead body of the deceased, particularly on the leg back and waist besides ligature mark on the neck. It is six alleged in the FIR that during the enquiry it was further ascertained that the petitioner assaulted the deceased during the course of interrogation in order to recover the so-called stolen cycle. On perusal of the FIR book, Station Diary book and other, records of the Police Station, no case was found to have been registered in connection with the alleged cycle-theft case nor was any reference available regarding the cause of detention of the deceased inside the hazat of the Chandanpur P.S. for such a long period of more than 24 hours, i.e., from 30-9-2001 early part of night till 6-30 p.m. of 2-10-2001. On the basis of the aforesaid FIR (Annexure-1),a case was registered as Chandanpur P.S. Case No. 100/2001 against the present petitioner for the offences punishable under Ss. 342/348/330/331/201, IPC and subsequently G.R. Case No. 1218/2001 has been registered on the basis of the old case on the file of the learned S.D.J.M., Puri. From the facts narrated in the application, it appears that while the investigation was in progress in connection with the aforesaid G.R. Case No. 1218/2001, the brother of the deceased, namely, Bibuli alias Bibhuti Sahoo, lodged an FIR in the Chandanpur P.S. on 6-10-2001 alleging therein that the present petitioner wrongfully confined his brother inside the police station hazat without any reason and while the informant enquired about the illegal detention and assault on his brother, the present petitioner threatened him to go out of the police station and abused him in filthy languages. Again at about 6 p.m. the informant went to the police station and found that the petitioner along with his other staff was assaulting the deceased. As the police officials demanded money for the release of his brother, the informant came to his village and arranged Rs. 3,000.00 and when he reached the police station with the money at about 7 p.m., he was informed that his brother had committed suicide in the hazat and after enquiry he came to know that the police personnel of Chandanpur P.S. had given several kick-blows to the deceased resulting in the death and in order to screen himself from the charges, the officer-in-charge of the Police Station, i.e., the present petitioner, hanged the dead body of the deceased in the hazat. On the basis of the aforesaid FIR dated 6-10-2001 (Annexure-2), a case being Chandanpur P.S. Case No. 101/2001 was registered against the petitioner and others for the alleged offences under Ss. 342/348/330/331/302/201.506/294/34, IPC and subsequently G.R. Case No. 1213/2001 was registered on the file of the learned S.D.J.M., Puri.