PRASANNAJIT NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has knocked at the portals of this Court for grant of anticipatory bail under sec. 438 of Code of Criminal Procedure apprehending arrest in connection with Jakhapura P.S. Case No. 06 of 2022 corresponding to C.T. Case No. 102 of 2022 pending in the Court of J.M.F.C., Jajpur Road for commission of offences under sec. 379 of the Indian Penal Code read with sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter 'M.M.D.R. Act').

(2.) The case of the prosecution, in short, is that basing on a public complaint received from the villagers regarding theft of morrum by the petitioner, the Tahasildar, Danagadi vide letter No.318 dtd. 25/1/2022 lodged a written report before the Inspector in-charge of Jakhapura police station stating therein that on receipt of the aforesaid complaint, R.I., Danagadi duly enquired into the matter and reported that the petitioner, who is a resident of Jakhapura is involved in theft of 8000 cum of morrum from the land measuring an area Ac.55.00 of Khata No.419, Plot No.865, kissam Salajangal of mouza- Jakhapura. He requested the Inspector in-charge of Jakhapura to register the F.I.R. against the petitioner and take immediate action.

(3.) Mr. Sidhartha Das, learned counsel for the petitioner submitted that due to political rivalry, the case has been falsely instituted and none of the villagers alleged anything against the petitioner regarding theft of morrum and the petitioner is a local man and there is no chance of his absconding or tampering with the prosecution evidence. Learned counsel urged that the ingredients of the offence under sec. 21 of the M.M.D.R. Act are not attracted in the factual scenario and moreover, such offence is triable by the Special Court but no Special Court has yet been constituted in the State of Odisha in spite of the provision under sec. 30-B of the M.M.D.R. Act and a Court can take cognizance of any offence punishable under the M.M.D.R. Act or the rules made thereunder only upon a complaint in writing made by a person authorised in this behalf by the Central Government or the State Government and therefore, the anticipatory bail application may be favourably considered.