NIKHIL KUMAR PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Misc. Case has been filed invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 27-2-2003 passed by the J.M.F.C., Sohella in G. R. Case No. 160 of 2002 taking cognizance of offences under Sections 341/448/294/506/34, I.P.C. alleged against the petitioners.

(2.) The criminal action was not in motion on the basis of an FIR lodged by the informant opposite party No. 2, who is an employee of the Road Transport Organisation and working as A.R.T.O. at Luhurachati Check Gate under Sohela P. S. in the district of Bargarh. It was alleged that the petitioners who were working as colleagues of the informant came to his house and started scolding him in filthy language. Most of them were drunk and were not in conscious state and they behaved in peculiar fashion. On the basis of the said FIR, the G. R. Case was initiated in which charge-sheet has been submitted on 26-2-2003 for commission of offences as stated above.

(3.) Mr. Dhal, learned counsel for the petitioners, forcefully submitted that the entire incident occurred when the parties were not in conscious state and that the informant and the accused petitioners are all colleagues and friends. There was no mens rea nor any intention to harm the informant and the FIR had been lodged in haste. He further submitted that with the intervention of well-wishers and colleagues of the parties, the dissension among them has been patched up.