LINGARAJ MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (in short, "Cr. P.C.") for quashing the FIR in Puri Sea Beach P.S. Case No. 133 of 2003.

(2.) Opp. party No. 2, who is the Managing Director of 'Hotel Sea Point Private Ltd., Puri filed a complaint case bearing I.C.C. No. 243 of 2003 in the Court of the learned S.D.J.M., Puri against the petitioners alleging commission of offences under Sections 406, 408, 409, 417, 418 and read with Section 34, IPC. Learned S.D.J.M. forwarded the said complaint to Puri Sea Beach P.S. for investigation under the provisions of Section 156(3) Cr. P.C. in response to the said direction, investigation has now commenced. The petitioners in this petition have challenged the said order of the learned S.D..J.M. and also the process of investigation on the plea that the complaint petition does not disclose commission of any criminal offence by the petitioners and that it has been filed with ulterior motive to harass them.

(3.) Mr. D. K. Mishra, learned counsel for the petitioners submits that a bare perusal of the complaint petition would show that no case under any of the criminal laws is made out against the petitioners. Rather the allegations disclose a dispute of civil nature. He submits that direction for police investigation on such a complaint petition amounts to abuse of process of the Court and law and for that reason the FIR of P.S. Case No. 133 of 2003 and the consequential investigation should be quashed. In support of his contention he cites the decisions in Punjab National Bank v. Surendra Prasad Sinha AIR 1992 SC 1815 : (1992 Cri LJ 2916) and of Sunil Kumar v. M/s. Escorts Yamaha Motors Ltd., AIR 2000 SC 27 : (2000 Cri LJ 174).