MANORANJAN PARIDA AND ANR. Vs. KALANDI CHARAN DUTTA

JUDGEMENT

(1.) THE Petitioners assail the order dated 21.1.1997 of the learned J.M.F.C., Jajpur Road in I.C.C. No. 4 of 1997 taking cognizance of offences under Sections 323, 294, 427/34, Indian Penal Code and in issuing process as against the Petitioners.

(2.) THE brief fact of the Petitioners' case is that Petitioner No. 1 was the Officer -in Charge of Tamaka P.S. and Petitioner No. 2 is the Asst. Sub -Inspector of Police of Tamaka P.S. in the district of Jajpur. One Pradip Kumar Chand lodged an FIR before the opp. party No. 1 at Tamaka P.S. on 16.1.1997 at about 5 p.m. alleging therein that while the informant Joint Secretary, Youth Congress of Jajpur district was returning from his house by a Car via Chitri Purunasahi on 15.1.1997 at 7.30 P.M. saw the Car bearing No. OR 02A -3262 belonging to M.L.A Sukinda Constituency was standing in front of the house of Kalandi Dutta obstructing the road. The informant got down from the Car and requested the driver of the Car to park in a side giving way to other vehicles, at this Sri Prafulla Chandra Ghadei, M.L.A. instructed Kalandi Dutta and other persons to commit murder of the informant. Suddenly, Kalandi Dutta and about 10 persons armed with deadly weapons assaulted the informant causing bleeding injuries on his head and other parts of the body. On the basis of such information, Tamaka P.S. Case No. 5 of 1997 was registered against the M.L.A. Sri Ghadei, Kalandi Dutta and other persons for having committed offences punishable under Sections 341, 323, 324, 325, 307, 294, 337, 506/34, Indian Penal Code. Petitioner No. 1 investigated the case being supervised by the Deputy Superintendent of Police. Kalandi Dutta was a candidate for the membership of Panchayat Samiti in Chitri Grama Panchayat from Janata Dal. Panchayat election was scheduled to be held on 16.1.1997 and the occurrence took place in the night of 15.1.1997. It is alleged that Sri Ghadei and Dutta persuaded the Petitioner No. 1 to delete their names from the case. But the Petitioner having expressed his inability to curve the investigation, the false case has been foisted against the Petitioner by way of a complaint petition.

(3.) THE complainant in his initial statement recorded by the learned Magistrate, has deposed on solemn affirmation that the occurrence took place at 8.00 P.M. on 15.1.1997 inside his house when he was giving instructions to his polling agents, he being a candidate for election to Panchayat. The accused -petitioner along with some others came in a Car, six motor -cycles and two trekkers and abused him in obscene language. The accused Officer -In -Charge was holding Lathi and Ors. were armed with Bhujali and Sword. They, the accused persons, threatened him to suffer consequences for having gone against the police officers and when the complainant approached the Officer -In -Charge, he did not protect in saying that he has instituted the complaint case against him. Both the Officer -in -charge and the A.S.I., dragged him from Varendah and gave lathi blows on his head -neck when his wife came and saved him, she was given a blow and she fell down when Sri Parida gave two lathi blows on her leg.