ANANTA CHARAN NAYAK Vs. ANJALI SAHU

JUDGEMENT

(1.) INVOKING the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition praying to quash the order passed by the Sessions Judge, Dhenkanal in Criminal Revision No. 44 of 1990 confirming an order passed by the S.D.J.M., Hindol in ICC No. 16 of 1990 taking cognizance of an offence alleged against the petitioner under Section 500 of the Indian Penal Code.

(2.) ACCORDING to the petitioner, the alleged commission of offence under Section 500 IPC is levelled against him while he was discharging the duties as an Executive Magistrate being in charge of law and order situation and as such he is protected by the umbrella provided under Section 197 CrPC and unless the impugned order is set aside it will not only prejudice the rights of the petitioner but will also amount to abuse of the process of law.

(3.) SECTIONS 129 and 130 of the Code of Criminal Procedure deal with dispersal of unlawful assembly by use of civil force. Under the provisions of the said Sections, an Executive Magistrate or any other officer mentioned in the said Sections may command an unlawful assembly or any assembly of five or more persons likely to cause a disturbance in a public place to disperse, and thereafter it would be the duty of the members of such assembly to disperse accordingly. The Sections further stipulate that if upon being so commanded, the unlawful assembly does not disperse, or if conducts itself in such a manner as to show any determination not to disperse, the Executive Magistrate or -police officer referred to in the said Sections may proceed to disperse such assembly by applying force. Section 130 Cr PC also authorises the Executive Magistrate assigned with the duty to maintain law and order to use armed forces to disperse the assembly if contingencies arise.