DINAKRUSHNA Vs. SUNANDA BEHERA

JUDGEMENT

(1.) Invoking inherent powers of this Court the present petitioner makes this application seeking quashment of order of learned S.D.J.M., Beripada taking cognizance of offence against him u/S. 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short Act) in ICC No. 101 of 2000/99.

(2.) Complainants case is that while the petitioner was working as Chairman, Baripada Municipality, he and his staff demolished her shop rooms. The petitioner abused her husband saying Dhoba. As a result, he felt insulted in the public. On complainants information Baripada Town P.S. Case No. 224/99 was registered. D.S.P., Baripada as authorised officer investigated into the case. He submitted final report stating it as mistake of law. On receipt of notice issued by learned S.D. J.M., Baripada in this regard complainant filed protest petition. Basing on the protest petition, I.C.C. No. 101 of 2000/99 was registered in the Court of learned S.D.J.M., Baripada who conducted enquiry u/S. 202, Cr. P.C. and took cognizance of the offence against the petitioner u/S. 3 of the Act. He committed the case to the Special Judge, Mayurbhanj (Baripada) for trial u/S. 209, Cr. P.C.

(3.) Learned Advocate, Sri S. Mohanty, appearing on behalf of the petitioner, questioned jurisdiction of learned S.D.J.M. Baripada to act upon a complaint u/S. 3 of the Act. Maintainability of the criminal proceedings against the petitioner who was a public servant at the relevant time, without previous sanction of the Government has also been questioned by Sri Mohanty.