MURALIDHAR SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition the petitioner sought for quashing the proceeding initiated against him in G.R. Case No. 3506 of 2004 arising out of Lingaraj P.S. Case No. 204 (24) dated 28.10.2004 pending before the Court of S.D.J.M., Bhubaneswar.

(2.) BEREFT of unnecessary details, the facts giving rise to this writ petition are that on 28.10.2004, one Devi Prasad Tripathy of Bhub aneswar lodged a written report before the Officer -in -Charge of Lingaraj Police Station on the allegation that some time in the month of October, 2003 Pradeep Satpathy, son of the present petitioner, stating before him that he and his family members had started a Real Estate business, showed him a patch of land by the side of Bhubaneswar -Puri Highway No. 2003 and further told that the said land would be purchased and after being plotted, would be sold to different customers, wherein he would be a partner, if he pays him Rs. 20,00,000/ -. Since Pradeep Satpathy and the informant were lawyers by profession and both of them were juniors of Bijaya Kumar Mohanty, advocate Bhubaneswar, in good faith the informant arranged a sum of Rs. 17,43,000/ - from his friends and paid the same to Pradeep Satpathy, but after receiving the money the latter tried to avoid him on several pretexts, whenever he asked about the money.Sometime in the month of March, 2004 as the informant insisted Pradeep to refund his money, he suggested him to take interest to which the informant refused. On 26.10.2004 at about 1.00 P.M. when the informant went to the house of Pradeep and asked for refund of money, the latter abused him in filthy language and attacked him with a base -ball bat. So he lodged a written report before the O.I.C., Lingaraj Police Station, on the basis of which the O.I.C. registered P.S. Case No. 204 of 2004 for the offence under Sections 420/294/506 I.P.C. and took up investigation After conclusion of the investigation, he submitted Charge Sheet for the offence under Section 420/34, I.P.C. against Pradeep Satpathy and his father, the present petitioner, whereafter the S.D.J.M. took cognizance of the said offence against them. Being aggrieved with initiation of the criminal proceeding against him, the petitioner has preferred this writ petition.