TRIBIKRAM ACHARYA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The all important question that falls for consideration in this case is as to whether a prosecution of an accused be converted to his prosecution due to absolute non-cooperation by the informant and the prosecution witnesses. By filing the present Application under sec. 482 of the Criminal Procedure Code, 1973 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash the order dtd. 24/1/2024 whereby charge was framed against the Petitioners in Bhubaneswar UPD Saheed Nagar P.S.Case No.92 of 2015 corresponding to C.T.Case No.903 of 2015 pending in the file of the learned J.M.F.C. (L.R.), Bhubaneswar.

(2.) The F.I.R. story, bereft of all unnecessary details, reveals that when the Petitioners went to the Police Station to register a F.I.R. against Opposite Party No.2-complainant, they came to learn that Opposite Party No.2 has already lodged a false and frivolous F.I.R. against them which was registered as Bhubaneswar UPD Saheed Nagar P.S.Case No.92 of 2015 which corresponds to C.T.Case No.903 of 2015 pending in the file of the learned J.M.F.C.(L.R.), Bhubaneswar under Sec. 448, 341, 323, 386, 506/34 of the Indian Penal Code. The F.I.R. further reveals that the Opposite Party No.2 was working as a System Administrator at Future Soft located in Bhubaneswar and the present Petitioners were employed as Faculty Members on contractual basis. The Petitioners had some discrepancies with the company with regard to payment of salary. Accordingly, on 1/3/2015 at around 2.30 P.M. the Petitioners along with other associates came to the complainant's Office and demanded their due payment. It is further alleged that the Petitioners started abusing Opposite Party No.2 in obscene languages and that they had assaulted Opposite Party No.2 and snatched away his gold chain, gold ring, wallet ' containing license and ATM card, mobile phone and cash etc. Accordingly, the F.I.R. in UPD P.S. case was registered and investigation started. On completion of investigation a charge sheet has also been filed against the accused persons.

(3.) The averments made in the present Application reveal that the allegations made in the F.I.R. are false, frivolous and fabricated. The F.I.R. has been lodged at the instance of Opposite Party No.2 only with an intention to harass the present Petitioners with an ulterior motive and a mala fide intention. The sole objective behind the registration of the F.I.R. is to somehow entangle the Petitioners in a criminal case so that they cannot demand their legitimate dues. The Petitioners have emphatically denied all allegations with regard to any such occurrence having taken place on the alleged date and time. It has been stated that they have been falsely implicated at the instance of Opposite Party No.2.