NRUSINGHA CHARAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners have been accused of an offence under section 188 of tile Indian Penal Code (referred to as I.P.C.) in the court of the Judicial Magistrate, Salipur in 2(C) C.C.No. 297 of 1982. They have made this petition under section 482 of the Code of Criminal Procedure (referred to as the Code) for quashing the order of cognizance dated 26.8.1982.

(2.) The facts material for the purpose of disposing of the petition are narrated in brief. At the instance of one Hemanta Kumar Panda, theT learned Executive Magistrate, Cuttack, initiated Criminal Misc. Case No. 154 of 1982 under section 144 of the Code against petitioners 1 and 2 and passed the preliminary order on 4.5.1982 to the following effect: I consider this as a case of emergency and do hereby order under section 144(2) Criminal Procedure Code restraining the 2nd party members from making construction and coming upon the disputed land for a period of 60 days from the date of signing of this order. The 2nd party members are directed to appear in my court on 15.5.82 and show cause as to why this order shall not be made absolute. The preliminay order was promulgated on petitioners 1 and 2 who were the members of the second party in the proceeding under section 144 of the Code on 7.5.1982. After considering the cause shown by them the learned Executive Magistrate made the; preliminary order absolute on 3.6. 1982.

(3.) On 24.8.82, the learned Executive Magistrate filed a complaint petition in the court of the Chief Judicial Magistrate Cuttack against the petitioners and. the same was registered as 2(C) C.C. No. 297 .of 1982. It was alleged in the complaint petition that despite the prohibitory order under section 144(2) of the Code and in violation thereof, the petitioners on 14.7.1982 criminally trespassed on the land in .dispute in the proceeding and made illegal constructions. Therefore, he prayed that, the petitioners having committed an offence under section 188 Indian Penal Code should be punished thereunder. On receipt of the complaint petition, the learned Chief Judicial Magistrate took cognizance of the alleged offence under section 188 Indian Penal Code on 26.8.1982 and in due course transferred the case for trial to the court of the judicial Magistrate, Sal i pu r,