ASHOK KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this application under Section 482, Cr. P. C. challenges the order dated 12-4-2010 passed by the learned J. M. F. C, Jaipur Road hr I. C. C. Case No. 59 of 2010 taking cognizance of the offences under Sections 323/294/506 of the I. P. C. and directing issuance of process against the petitioner.

(2.) Opposite party No.2, who wasthe Secgaretary of the Jaipur Road Bar Association, filed a complaint before the learned. J. M. F. C, Jaipur Road against the present petitioner with the allegations that on 24-10-2007 he had addressed a letter to accused-petitioner, who was the Managing Director of IFCAL, Jaipur Road and gave the same to the P. A. of the petitioner. In order to discuss with the petitioner about the subject matter of the aforesaid letter, the complainant along with the witnesses went to the office of the petitioner on 31-10-2007 at about 12.30 p.m. after getting appointment and when they started discussing about the subject matter of the letter given earlier, the petitioner suddenly got angry and asked the complainant to vacate his office or else he would be forced to get them out. When the complainant protested against such action, the petitioner again asked him to leave the place immediately or else he would kill the complainant by firing, and so saying the petitioner stood up from his chair and gave a push on the chest of the complainant and asked his Darwan (door keeper) to drive the complainant and his companions out of the gate and again abused them saying "SALA OKILA DAKHEIHEUCHU MORA HIGH COURT JUDGE SABU SANGA JAA MORA KANA TADIBA KANA KARIPAKEBA".

(3.) The complaint petition was forwarded by the learned J. M. F. C. to the local police station for registration of F. I. R. and accordingly Jaipur Road P. S. Case No. 150 dated 3-11 -2007 was registered. After investigation the police submitted a final report, whereupon the complainant filed a protest petition on the basis of which his statement under Section 200, Cr. P. C. was recorded. The J. M. F. C, conducted enquiry and by the impugned order took cognizance of the offences under Sections 323/294/506 of the I. P. C.