SANGRAM KESHARI BEHERA Vs. NILADRI DHIR

JUDGEMENT

(1.) HEARD Mr. B.P. Dhal, learned counsel on behalf of Mr. S. K. Dash, learned counsel for the petitioner and Mr. A. Panda, learned counsel for complainant -opposite party.

(2.) IN this application under Section 482 Cr.P.C., the petitioner has sought to challenge the order dated 04.09.2001 passed in I.C.C. Case No.59 of 2001, whereby, the learned S.D.J.M., Karanjia has been pleased to take cognizance for the offences under Sections 448, 323, 354, 294 of I.P.C. against him.

(3.) THE opposite party, daughter of one accused person, namely, Pratap Dhir came to register the complaint case as I.C.C. Case No.59 of 2001 by filing complaint on 24.08.2001 alleging mis -behaviour and excessive action on the part of the police officer at the time of entry into the house of the complainant. It is further contended on behalf of the opposite party that even though the police were informed by the complainant that her father was not in the house, yet the police officer entered into the house and allegedly committed the offences as alleged. He further asserts that the steps taken by the police was not a part of the official duty. Hence, the order of sanction under Section 197 Cr.P.C. does not arise. He further submits that by the impugned order, cognizance of offences under Sections 448, 323, 354, 294, I.P.C. was taken, yet the trial Court had also fixed the enquiry under Section 202 Cr.P.C. to the following date i.e. on 21.09.2001 and no process had yet been issued against the petitioner. Hence, there was no cause of action for the petitioner to file the present application. Perused the Section 197 of Cr.P.C., which reads as follows: