DHRUBA CHARAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was working as the Headmaster and opposite party No.2 was working as the Hindi Teacher at the relevant time in P.R. High School, Bolangir. The petitioner in the present Criminal Misc. Case has impugned order dated 8.11.2005 passed by the learned S.D.J.M., Bolangir in 1 C.C. No. 65 of 1999 taking cognizance of offence under Sections 323/294, I.P.C. as against the petitioner.

(2.) A compendium of the case relevant for disposal of the criminal misc. case is as follows. At the relevant time as indicated supra, the petitioner was working as Headmaster and opposite party No. 2 was working as Hindi Teacher in P.R. High School, Bolangir. It was 5.00 P.M. on 30.9.1999. Both of them were leaving the school. At that time opposite party No.2 Siba Sankar Naik asked the petitioner near the school gate as to why he withheld his (O.P.No.2's) one day pay. The petitioner Dhruba Charan Behera got enraged and abused him (O.P.No.2) in obscene words. It is further alleged that he caught hold of the shirt collar of the complainant Siba Sankar Naik( Present O.P.No.2) and dealt a slap on his left cheek. Judhistir Naik, elder brother of the complainant, who was present there separated them. The complainant Siba Sankar Naik reported the matter in Bolangir Town Police Station. When no action was taken by the police, complainant Siba Shankar Naik filed 1.C.C. No. 65 of 1999 against the present petitioner alleging offence under Sections 294/506/323, I.P.C. Prayer was made to take cognizance and issue process against the petitioner in the aforesaid complaint case. In course of enquiry under Section 202, Cr.P.C. the complainant examined his elder brother Judhistir Naik and one Jagdish Rout, whose name does not find mention in the list of witnesses of the complaint petition. Learned Magistrate on consideration of the averments made in the complaint petition, initial statement of the complainant and statements of the witnesses dismissed the complaint petition under Section 203, Cr.P.C. vide order dated 27.11.1999.

(3.) THE matter was again carried in revision vide Criminal Revision No. 15 of 2002 before the learned Sessions Judge, Bolangir. Vide order dated 28.4.2002 learned Ad hoc Additional Sessions Judge (FTC), Bolangir again set aside the order dated 8.3.2002 dismissing the complaint under Section 203, Cr.P.C. and remitted back the matter to the learned Magistrate. The matter was again taken up by learned Magistrate on second remand. After several adjournments to produce witness the complainant finally got one Saroj Kumar Sai examined on 4.11.2005. It is pertinent to mention here that the aforesaid Saroj Kumar Sai was not a witness mentioned in the list of witnesses in the complaint petition. Learned Magistrate after such enquiry under Section 202, Cr.P.C. found a prima facie case under Sections 323/506/294 I.P.C. made out against the present petitioner and accordingly took cognizance vide order dated 8.11.2005, which is impugned in the present criminal misc. case.