PRASANT KUMAR JAGDEV Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of Cr.P.C. by the petitioner, who is indicted under Ss. 332, 333, 323, 324, 325, 326, 307, 353, 465, 471 and 506 of IPC vide Banapur P.S. Case No.113 of 2022 corresponding to G.R. Case No.101 of 2022 in the court of the learned J.M.F.C., Banapur.

(2.) Heard Mr. Y. Das, learned senior counsel appearing for the petitioner and Mr. S.S. Pradhan, the learned Addl. Government Advocate appearing for the State, so also Miss S. Mohapatra, learned counsel being authorized by Mr.J.K. Khandayatray, learned counsel appearing for the Victim. Perused the F.I.R. and other relevant papers on record vis-a-vis the contentions raised by the petitioner vide his application at hand.

(3.) As it appears from the materials on record, in the last election held to elect the representative in the Three Tyre Panchayat Raj System in the State of Odisha, "12/3/2022" was fixed for the date of election of the Chairman of Banapur Block in the district of Khurda. On that date, the elected Panchayat Samiti members of BJP party along with their supporters of more than 500 people had proceeded on procession to the Block Office to participate in the election of the Chairman of Banapur Block, and while the people in procession remained near the Block Office premises, the Panchayat Samiti members who were the electros, entered into the premises of Block Office to participate in the election. Then erupted a noisy disturbance, for which the police personnel including the Informant-Sub-Inspector present in the vicinity rushed to the spot, and found the BJP supporters to have stopped one white colour Discovery car bearing registration No.OD-02Ay-5775 of the local MLA (petitioner) with the petitioner himself on the Steering, from proceeding into the crowd. The police personnel intervened and while trying to disperse the mob, they also tried to refrain the petitioner from proceeding ahead as he was not entitled to enter into the Block Office on that day. It is further alleged that the petitioner without paying any heed to the advice and caution of police, and while giving a threat to run his vehicle over the crowd if he was not allowed to enter the Block Office premises, drove the aforesaid vehicle into the crowd with intent to kill the members of public and police personnel present there, as a result of his ramming ahead, many police personnel as well as many members of general public received serious and grievous injuries leading to grave commotion and a stampede like situation. Pursuant to the report of the Informant-Police officer, the case against the petitioner was registered and investigation is reportedly ongoing.