PINTU @ RANGANATH MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner in this application under Section 482 of the Code of Criminal Procedure seeks to quash the order dated 26.04.2001 taking cognizance of the offence under Sections 294, 354, 506/34 I.P.C. and the order dated 11.02.2004 issuing nonbailable warrant of arrest against him in connection with Jeypore Sadar P.S. Case No. 17 of 2001 corresponding to G.R. Case No. 53 of 2001 pending in the court of learned J.M.F.C., Jeypore.

(2.) Information was lodged by one Minatirani Rath on 01.02.2001 at about 6.30 P.M. before the Officer-in-Charge of Jeypore Sadar Police Station stating that while she was travelling in Sherawali bus from Baipariguda P.S. one Siba, the brother-in-law of the bus owner put his hand on her shoulder and despite several objections the said Siba continued with such activities and tried to put his hand on her chest and pulled her clothes. It is further alleged that the informant stopped the bus and threatened Siba to report the matter before the police station. Pintu @ Ranganath Mishra, who was sitting inside the bus scolded the informant in filthy language and threatened her to kill if she would threaten Siba. It is further alleged that the petitioner assaulted her for which she got down from the bus and at that point of time Pintu (the present petitioner) threatened her with dire consequences and manhandled her and took away her dupatta. On the basis of such allegation, the police registered P.S. Case No. 17 of 2001 for the offence under Sections 294, 354, 506/34, I.P.C. and after investigation submitted charge-sheet against the petitioner and Siba Prasad Pattnaik, pursuant to which the learned S.D.J.M., Jeypore by order dated 26.4.2001 took cognizance of the offences under Sections 294, 354/34, IPC against both the accused persons. Siba Prasad Pattnaik, one of the accused in the said case surrendered before the court on 11.2.2004 and moved for bail and his prayer for bail being rejected, he was remanded to jail custody till 24.02.2004, whereas since the present petitioner remained absent though service return of summons issued to him was received back with due service, N.B.W. was issued against him by order dated 11.02.2004.

(3.) While the matter stood thus, the petitioner has filed the present application invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer as aforementioned. While entertaining the application this Court by order dated 25.03.2004 directed the learned counsel for the State to obtain the case diary in Jeypore P.S. Case No. 17 of 2001 and granted interim order dated 25.03.2004 in Misc. Case 509 of 2004 directing that the N.B.W. issued against the petitioner in G.R. Case No. 53 of 2001 of the court of the learned S.D.J.M., Jeypore shall not be executed till the next date. The said interim order continued pursuant to the orders dated 30.4.2004, 22.06.2004, 04.08.2004, 16.11.2005 and 19.02.2008. Thereafter, on 25.02.2008, since no one appeared on behalf of the petitioner, the interim order was not extended. Therefore, as there was no interim order after 25.02.2008, learned S.D.J.M., Jeypore should have proceeded with the matter pending before him. That apart, neither the learned counsel for the petitioner nor the State Counsel could be able to assist the Court by furnishing information regarding the stage of the aforesaid G.R. Case pending before the learned S.D.J.M., Jeypore.