ABHITOSH DEBATA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has been filed by two Petitioners herein, namely, Abhitosh Debata & Omkar Swain with a prayer to quash the order of cognizance dated 04.06.2012 passed by the Learned S.D.J.M., Puri in G.R. Case No. 2044 of 2011 under Annexure -2. Mr. D. Nayak, Learned Senior Counsel appearing for the Petitioners submits that while Petitioner No. 1 is a resident of Cuttack & after completion of BDS Course from the Rajiv Gandhi University, Bangalore & was preparing MDS Course, Petitioner No. 2 is also a permanent resident of Cuttack & has completed his MBA from a reputed university & was working as a Team Leader in Home Loan Section of H.D.F.C. Bank, Bhubaneswar. It is further submitted that during the Christmas holidays of 2011, both the Petitioners had gone together to Puri by a motorcycle for 'darshan' of Lord Jagannath & after darshan of Lord Jagannath, the Petitioners proceeding towards the sea beach. While they were in front of hotel Lotus on Chakratirtha Road, an old man suddenly came in front of Petitioners' motorcycle & while Petitioner No. 2 tried to save the old man, the motorcycle dashed against a Russian couple, who were walking along the road, leading to an altercation between the parties. It appears that pursuant to the aforesaid incident, Sea Beach P.S. Case No. 174 dated 23.12.2011 was registered under. Sections 341, 323, 307, 354, 506/34 I.P.C. against the Petitioners. Once the aforesaid F.I.R. was lodged by the complainant -Russian couple, the Petitioners explained to them at the P.S. about the seriousness of the provisions of law under which the F.I.R. was filed & there was every likelihood that the Petitioners would be sent to jail custody. The informant -couple realizing the gravity of the offences alleged against the Petitioners, submitted a petition for compromise before the P.S. Such compromise petition was filed by the informant, on the basis of which, it is stated that the matter had been amicably settled & they do not want to proceed against the Petitioners any further.

(2.) IT is further averred that in spite of the compromise petition, the police took up investigation & submitted charge sheet against the Petitioners under Sections 341, 323, 307, 354, 506/34 I.P.C. & on submission of such charge sheet, the impugned order of cognizance dated 04.06.2012 has been duly taken by the Learned S.D.J.M., Puri.

(3.) MR . M. Sahu, Learned Additional Standing Counsel produced the case diary & copies of the injury reports dated 23.12.2011 along with a memo. The injury reports dated 23.12.2011 of Melnikov Dmitry & Semenova Natalia issued by the Medical Officer, D.H.H., Puri received from the Sub -Inspector of Police, Sea Beach Police Station, Puri with reference to F.I.R. No. 174 of 2011 & a copy of the opinion of the Orthopedic Specialist of D.H.H., Puri submitted for perusal of the Court.