SUSIL KUMAR PARIDA Vs. STATE

JUDGEMENT

(1.) The short question that arises for determination in this case is whether in the facts and circumstances of the case the petitioner can be given benefit of the provisions of the Probation of Offenders Act, 1958 (hereinafter referred to as "the Act").

(2.) The factual backdrop of the case leading to the present proceeding may be stated thus : The petitioner Susil Kumar Parida was a clerk in United Commercial Bank in its branch at Oupada. On 16-4-85 he applied for advance of Rs. 100/- which was turned down by the Branch Manager (P.W. 5). On being intimated about the order of the Branch Manager he entered his office room, abused him in obscene words in presence of others and threatened to assault him, thereby causing annoyance to him and also caused obstruction in lawful discharge of his duties. After the incident, on the report lodged by the Branch Manager the police investigated the case, O.R. Case No. 43 of 1985 and submitted charge-sheet under Ss. 353/506/294 Indian Penal Code (I.P.C.) in the court of the Sub-divisional Judicial Magistrate, Nilgiri.

(3.) Having denied the allegations the petitioner faced trial on the charges under the aforementioned Sections of the Penal Code. In his statement under S. 313, Cr. P.C. the petitioner stated that there was an altercation between him and the Branch Manager on 16-4-85 but he has not used any obscene words against the officer.