RATIKANTA RAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Government Advocate.

(2.) This order arises out of an application under Section 438 of the Code of Criminal Procedure, 1973, hereinafter referred to as the "Code" for brevity. The petitioner is apprehending arrest for alleged commission of offences under Sections 341, 294, 323, 325 and 506 of the I.P.C. and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, hereinafter referred to as "S.C. & S.T. (P.A.) Act", in G.R. Case No. 3 of 2015 of the Court of S.D.J.M., Bhadrak, arising out of Bhandaripokhari P.S. Case No. 1 of 2015.

(3.) The allegation against the present petitioner is that the informant was working in the brick kiln of the petitioner. There was some dispute regarding the payment of the dues, for which the informant worked in a different brick kiln for one day, for which the petitioner became angry and said "KANA MO MUNHARE UTARA KARUCHU MAGIA PANA". Then he pushed him from the brick stack, for which he sustained injury. This incident took place on 21.12.2014. However, the informant lodged the F.I.R. on 02.01.2015.