ABHISEK PATTNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner is the sole accused in G.R. Case No.227/2018 of the Court of learned S.D.J.M., Rairangpur for allegedly committing the offences under Ss. 294/332/353/341/506 of I.P.C. In the present application filed under Sec. 482 of Cr.P.C., he seeks quashment of the aforesaid criminal proceedings.

(2.) The facts of the case are that on 1/6/2018 at about 2.20 A.M. when Havildar, Bipin Chandra Mahanta of Town Out Post Rairangpur was performing patrolling duty with Home Guard Upendranath Mahanta, he saw a motor cycle coming from Murmu Chowk side. They attempted to stop the motorcycle which was without registration number but the rider suddenly drove the motor cycle in high speed. They followed the rider to some distance but he lost balance while crossing the humps near Shiva Temple and fell down sustaining bodily injuries. The policemen detained him and informed the S.I., Surendranath Jena, and staff of the above fact. The S.I. and his staff arrived at the spot whereupon the rider was asked to identify himself but he abused the policemen in obscene language and caught hold of the colour of Havildar, Bipin Ch. Mahanta and said that he is the President of the Congress Party. Saying so, he kicked Bipin and Sunaram Majhi (driver) and threatened to kill them by engaging goondas. As he was attempting to further assault the policemen, he was restrained.

(3.) Havildar, Bipin Ch. Mahanta submitted a written report before the I.I.C., Rairangpur Town P.S. at about 9.30 A.M. which led to registration of Rairangpur Town P.S. Case No.46/2018 under Ss. 294/332/353/ 341/506 followed by investigation. Upon completion of investigation, charge sheet was submitted also for the aforementioned offences.