RAMASHANKAR PATI Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) HEARD

(2.) MR . D.P. Dhal Learned Counsel for the Petitioner, Mr. G.B. Jena, Learned Counsel appearing for opposite party No. 2, i.e., the informant and Mrs. C. Kasturi, learned Additional Government Advocate.

(3.) THE prosecution case as it appears that on 10.1.2001 some students of third year has assaulted to some students of first year. When it was protested, it is alleged that on 11.1.2001 at about 6.30 P.M. due to previous enemity students of third year namely, Rasmi, Babu, Silu, Lipu, Muna Chhedipada, diploma students, Susu and mainly mechanical students of their three groups being armed with lathi, rods, suddenly attacked Deepak Nanda and injured him. When the students of 2nd year protested such anti -social activities, the above 3rd year students being united attacked the 1st year students entering into the hostel rooms and also damaged the articles for which and F.I.R. was filed and a criminal case was initiated. It is also further mentioned that there was also a counter F.I.R. being G.R. Case No. 36 of 2001 was initiated on the F.I.R. of the present Petitioner and other students involving the informant in the present case. Thereafter, the charge sheet has been filed and cognizance has been taken against the Petitioner for the offences as stated above. It is further stated that in the counter case also charge -sheet has been filed and cognizance has been taken against the present opposite party No. 2, i.e., the informant and others.