DEBI PRASAD MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed by the petitioner to quash the F.I.R. dated 18.1.2009 registered as Chandaka P.S. Case No. 5 of 2009 corresponding to G.R. Case No. 154 of 2009 pending before the learned S.D.J.M., Bhubaneswar.

(2.) AN FIR was lodged by the A.S.I. of Police, Nandankanan Out Post, namely, Shri Kailash Chandra Bhoi, on 18.1.2009 in the Chandaka P.S., inter alia, stating that on the said date at about 5.00 P.M., he received reliable information that a group of persons numbering about 5 have assembled at the backside of Botanical Garden office inside the Botanical Garden of Nandankanan in a bush, armed with deadly weapons, preparing to commit dacoity in the nearby villages. They have come to the said place in two motor -cycles. On receiving such information, the informant A.S.I. entered the said fact in the station diary of Nandankanan Out Post vide Station Diary Entry No. 346 dated 18.1.2009 and immediately left the Out Post along with two constables named in the F.I.R. to the spot, to verify the matter. On his arrival at the Botanical Garden Gate, he called the Nandankanan staff members, also named in the F.I.R., to accompany him. On arriving at the place, he heard from a little distance, the voice of some persons in the nearby bush at the backside of the Botanical Garden Office. They carefully advanced towards the spot and surrounded the area and found five persons who were sitting together and talking amongst themselves and over mobile phones about their plan to commit dacoity in the nearby villages. He along with the police staff and the persons accompanying them captured those five persons and at that time, he detected that one of them was carrying a pistol loaded with ammunition in his pant pocket. So, the informant -A.S.I. immediately tried to disarm him, to which he resisted and during the -tussle with him, he fired one shot and tried to escape from the clutches of the informant. Further, he along with the others managed to overpower and disarm the said person. On his personal search, one mobile phone bearing No. 9437043215 of Nokia make was also recovered from his possession. On the query of the informant, the said person disclosed his name and address as Amarender Singh, son of late Kameswar Singh of Madhupatna. At the same time, another person also attempted to run away who was also captured by them. In the process, he sustained inquiries on his face. On asking, he disclosed his name as Kashinath Sahoo and the remaining three persons also disclosed their names to be Devi Prasad Mohanty, Suresh Chandra Panda and Ramnarayan Singh. Two more mobile phones were also recovered from them the numbers of which have been mentioned in the FIR. Two motor -cycles, the registration numbers of which have been mentioned in the FIR were also seized by him. Another ammunition case having "KF 7.65" engraved on it along with fired pellet from the spot were recovered with two bamboo sticks measuring about 4 feet each. The said FIR was registered as alleged commission of offence under Sections 399/402/307 IPC read with Sections 25/27 of the Arms Act.

(3.) LEARNED counsel for the State, on the contrary, submitted that the FIR itself discloses that the alleged offences have been committed by the petitioner and therefore, the plea of the petitioner that no case is made out against him cannot be accepted.