JAYANTI MOHAPATRA Vs. NARAYAN MOHANTY

JUDGEMENT

(1.) This application under Section 482 of the Cr.P.C. has been filed challenging the order dated 4.3.1997 of the learned Sessions Judge. Balasore in Criminal Revision No. 78 of 1996 setting aside the order dated 27.1. 96, passed by the learned S.D.J.M. Balasore in I.C.C. No. 401 of 1995 taking cognizance of offence under Section 354 of the Penal Code.

(2.) From the record as it appears that the complaint case was filed by the present petitioner alleging therein that in the night of 1/2-10.95 the opposite party No.1 along with some subordinate police officers came in a police jeep broke open the door of the house of the petitioner's husband with a plough. Out of fear the husband of the complainant as well as father-in-law did not open the door and while breaking open the door with plough the same hit the father-in-law of the complainant. Thereafter they dragged them to the house of Aparti Sahoo where the complainant and her husbands sister were staying to see Durga Puja festival. At that place also the opposite party No.1 abused Aparti Sahoo. When the conduct of the opposite party No.1 was objected to he dragged the complainant by holding her hair, pulled her saree and assaulted her.

(3.) On the basis of such allegations complaint was filed on 16.10.95 and on the basis of materials collected during enquiry under Section 202, Cr.P.C. learned Magistrate took cognizance for the offences committed under Sections 323 and 354 of the Penal Code vide order dated 27.1.96. The opposite party No.1 challenged the said order before the learned Sessions Judge, Balasore in Criminal Revision No. 78 of 1996 on the question of sanction as well as on facts. The learned Sessions Judge while disposing of the revision held that no sanction was necessary since the alleged conduct had no relationship with the discharge of official duty but however came to a finding that since in course of dragging the complainant's saree had slipped there was no intention to commit the offence under Section 354 of the Penal Code and accordingly partly quashed the order of the learned Magistrate so far it relates to the offence under Section 354 of the Penal Code. The aforesaid judgment of the learned Sessions Judge is impugned in this application.