CHINTAMANI SETHI Vs. RAGHUNATH MOHANTY

JUDGEMENT

(1.) :-- This appeal calls in question the order dated 17-10-1987 passed by the learned Sub-Divisional Judicial Magistrate, Karanjia in ICC No. 60/86-87 acquitting the accused-respondent of the charge under S. 448 of the Indian Penal Code, read with S. 7 of the Protection of Civil Rights Act of 1955.

(2.) Initially Sri K. C. Lenka, Sri D. K. Swain and Sri J. K. Mohanty, Advocates had filed vakalatnama for the appellant. As they did not appear on different dates, Mr. S. K. Mishra, Advocate was appointed by this Court as amicus curiae. Similarly, though Sri B. Dash, Sri M. Acharya and Sri P. P. Roy had filed vakalatnama on behalf of the respondent, as none of them appeared; notice was issued to the respondent. However, today there is no appearance on behalf of the respondent.

(3.) The fact leading to this appeal is that a complaint was filed by the present appellant alleging therein that on 22-8-1986 at about 8.00 A.M. the present respondent, who is a Sarapanch and also the President of Mahuldia LAMP, trespassed into the house of the complainant and asked him as to why he was helping his maid-servant Sumitra Ghasiani in filing cases against other. On the complainant denying such allegation, the accused abused him saying "Sala Dhoba, Lower Caste, untouchable; Sala your profession is to wash others' clothes; because you are employed in a Government job, you are showing arrogance. I will not give up till you are driven out from this place."