HALADHAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By means of this application, the Petitioners seek to quash the order of cognnizance passed by the learned J.M.F.C., Aul dtd. 2/5/2022 in G.R. Case No.646 of 2021 arising out of Rajkanika P.S. Case No.3644 of 2021.

(2.) The backkground facts of the case, in brief, are that Opposite Party No.2 lodgged a written report before the Rajkanika Police Station alleging that, while she was proceeding to the college, the present Petitioners obstructed her from entering the caampus on the ground that heer relieving order had already been issued, notwithstanding that her transfer order had, in the meantime, been quashed. She fuurther alleged that Petitioner No.1 had assumed charge as Principal-in-Charge of Olaver College and that her life was being threaatened. On the basis of the reportt, the police registered Rajkanika P.S. Case No. 364 of 2021 unnder Ss. 341/294/34 of IPPC corresponding to G.R. Case No.646 of 2021. After the investigation, the police submitted the Charge-Sheet and the learned trial court took cognizance of the offfences under Ss. 341/2944/34 of IPC.

(3.) Mr. Routt, learned counsel for the Petitioners, in course of the hearing in the application, inter alia, submitted thaat the alleged incident occurredd on 18/3/2021, whereas the FIR has been lodged on 2/11/2021 i.e. after eight months of the occurrence without explaining the cause of delay. It is further submittted that the narration made in the complaint so also from the statement of the witnesses recorded in course of the investigation, there appears no material to constiitute the offences under Sec. 341/2994/34 of IPC. Nothing has beenn stated to the effect that the act of obbscene words used cause annoyance to the Complainant in public. The learned counsel further submitted that the learned court below did not apply his judicial minnd before taking cognizance into the aforesaid offences and as such, the order of cognizance is deserved to be set aside or quashed.