MAHENDRA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The prayer of the petitioners in this CRLMC is to quash the order passed on 15/5/2015 by the learned S.D.J.M., Talcher in G.R. Case No. 1316 of 2013 arising out of Colliery P.S. Case No. 414 dtd. 29/11/2013 taking cognizance of different offences and the criminal proceeding arising thereon.

(2.) The facts as emerges in this case arise out of an FIR lodged by O.P. No.2 against the petitioners and others on 29/11/2013 alleging therein that she along with others had been to the petitioners to protest their disengagement from the work of 3/4 sidings, but the petitioners and their henchmen numbering 70 to 80 persons attacked them and in the process, the petitioners outraged her modesty and other ladies by pulling their wearing apparels. On this FIR, Colliery P.S. Case No. 414 dtd. 29/11/2013 was registered which was accordingly investigated into and on conclusion of investigation, charge sheet was placed vide C.S. No. 71 of 2015. Accordingly, the learned S.D.J.M., Talcher by the impugned order dtd. 15/5/2015 took cognizance of offences U/s. 147, 341, 323, 354(B), 294, 506, 392 of IPC, 3(1)(x)(ix) SC/ST (PA) Act read with 149 of IPC. The petitioners by way of this CRLMC have challenged such order taking cognizance of offence and the criminal proceeding arising thereon.

(3.) In the course of hearing of CRLMC, Mr.D.Mohapatra, learned counsel for the petitioners has submitted that although there is absolutely no material against the petitioners for commission of offence U/Ss. 147/354/392/294 of IPC read with Sec. 3(1)(x)(ix) SC/ST (PA) Act, but learned counsel S.D.J.M. without proper appreciation of the materials on record took cognizance of offences for aforesaid Sec. by the impugned order, even though charge sheet has submitted only against two persons and the informant is not a member of SC and ST community. Mr.Mohapatra by relying upon a number of decisions has prayed to quash the cognizance order and consequently the criminal proceeding against the petitioners.