SARAT CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners have filed this application under Section 482, Cr.P.C. seeking to quash the order dated 19.04.1996 passed by the learned J.M.F.C.(P), Kujang in G.R. Case No. 438 of 1995 taking cognizance of the offences under Sections 147/148/307/341/427/ 323/336/337/332/ 188/149, IPC and under Section 7 of Criminal Law Amendment Act read with Section 3 of PDP Act.

(2.) The prosecution case, as revealed from the F.I.R., is that one Surajit Das, O.A.S. Addl. Tahasildar and Executive Magistrate lodged the information that while he was under law and order duty in connection with gherao organized by a section of local fishermen protesting against the lease of Saharpentha Machhadia Sairat to Kalinga Karnadhar Fishermen Primary Cooperative Society. The D.S.P., Paradeep, C.I. Tirtol and O.I.C., Kujang Police Station with staff and women constable were detailed inside the Tahasil office premises. At about 11.30 A.M. a procession of the fishermen around 1500 including 20-30 ladies led by Govind Tarai and Rabi Dalai came in front of Tahasil office shouting slogan against the Tahasildar, Kujang for leasing out the said sairat. Four sections of O.S.A.P. were on cordon duty in front of Tahasil office building and rest of the 4 APR staffs were on two gates to prevent the mob from entering inside the Tahasil office. The mob, which was very much agitated, shouted at the top of their voice and all off a sudden pushed back the staff and both the gates and started to break the cordon to enter into the Tahasil office building. Sincere steps were taken to pacify the mob restraining them from such unlawful activities. As female folk with their kids in arms were in front of the mob apprehending stampede to lady members no police action could be initiated. Breaking the cordon, the mob forcibly went inside verandah of Tahasil office and committed serious mischief by breaking the door and window panes and chairs. As a preventive measure, order under Section 144 Cr.P.C. was promulgated announcing that the mob was unlawful and warned them to disperse. Then the mob started brick batting over the police personnel and staff. One of the miscreants from close vicinity directly threw a heavy stone aiming at the head of S.D.P.O., Paradeep, which hit the roof of right ears as a result he fell down. They were shouting to kill police and due to such heavy brick batting and pelting of stones, the informant, C.I., Tirtol and other police personnel sustained severe injuries. As there was no chance of escape from death and grievous hurt, the zamadar in charge of OSAP was ordered for tear gassing. Though three grandees and six LR shells were fired but it was not effective due to against wind. The mob continued through brickbats, and finding no other alternative, to escape from the attack by the mob, order for mild lathi charge below the waist was given after due warning as a result of which mob dispersed and nine accused persons, namely, Govinda Tarai, Jasindranath Parida, Narayan Samal, Akshya Samal, Rama Chandra Parida, Tapan Majhi, Biday Rout, Hari Behera and Arjuni Behera were apprehended. Most of them were injured by brick batting.

(3.) On the basis of the F.I.R. lodged on 08.09.1995, police took up the investigation and G.R. Case No. 438 of 1995 was registered in the court of the learned J.M.F.C., Paradeep, Kujang. On the basis of the investigation, 11 accused persons were arrested and cognizance of offence under Sections 147/148/ 307/341 /427/323 /336 /337 /332/188/149, IPC and under Section 7 of Criminal Law Amendment Act read with Section 3 of PDP Act was taken. The persons who were apprehended moved the court of Sessions Judge, Cuttack in Criminal Misc. Case No. 967 of 1995 seeking for grant of bail, which was considered and the learned Sessions Judge observed that the offence in which the petitioners are allegedly involved does not end in capital punishment and the materials collected against the petitioners to implicate them with the offence under Section 307 IPC is not sufficient, as disclosed from the case diary so far prepared by the I.O. and therefore ordered to release all the petitioners on bail of Rs.5000/- cash with one surety each for the like amount to the satisfaction of the learned J.M.F.C., Kujang with the condition that the petitioners after being released on bail shall not leave the court jurisdiction of Kujang without prior permission of the court and enter appearance twice in a month on 15th and 30th before the O.I.C., Kujang till completion of the investigation.