LAWS(ORI)-2014-3-43

SURYA NARAYAN BOXI Vs. STATE OF ORISSA

Decided On March 06, 2014
Surya Narayan Boxi Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Section 482 Cr.P.C., has been filed for quashing of the criminal proceeding initiated against the petitioner in G.R. Case Decided on 6th March, 2014. No. 176 of 2001, arising out of Mohana P.S. Case No. 58 of 2001, pending in the Court of the learned J.M.F.C., R. Udaygiri for the offences under Sections 395/397/333 IPC and the order of cognizance passed therein.

(3.) The brief facts of the case is that the informant, who is a Forest Guard in Chandragiri Section in the district of Gajapati, lodged a written report before the IIC, Mohana Police Station, which was registered as Mohana P.S. Case No. 58 of 2001, under Sections 395/397/333 IPC alleging therein that on 22.11.2001 at about 9 a.m., while the informant along with other Forest Guards were performing their duties inside Chandragiri Forest Section, they heard the sound of cutting of trees inside the said forest. Accordingly, they reached the spot and found six persons cutting down the trees and when the informant tried to obstruct them, all the accused persons abused the informant and other forest officials and assaulted them by means of deadly weapons. Due to such assault the informant became senseless. The accused persons snatched away the guns from the informant and other forest guards forcibly and fled away from the spot towards other areas of the reserved forest.