MAHESWAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two Criminal Misc. Case have been filed by one Maheswar Mohanty who is admittedly an elected Member of the Legislative Assembly from Puri Constituency and at present being elected as the Speaker, is functioning as such. The prayer made in both the Criminal Misc. Cases is for quashing the connected criminal cases instituted against the petitioner and others in relation to an alleged occurrence of the year 1984 being registered as G.R. Case Nos. 1487 and 1488 of 1984 pending before the learned S.D.J.M., Bhubaneswar.

(2.) THE facts of the case reveal that the student action committee gave a call to have a mass rally in the Parade Ground on 3.8.1982. For that purpose, an application was made for permission to take out the procession of five thousand students from new railway station to lower P.M.G. Crossing via Master Canteen -Raj Mahal Bus Stand at Bhubaneswar and the I.I.C. of Capital Police Station issued the said permission/licence imposing certain restrictions therein. The procession consisting of about 300 students started from Vani Vihar and were joined by a gathering of 400 persons near the Master Canteen. Allegation is made that in course of the said procession, the leaders gave fiery speeches instigating the public to resort to violence and attack the police. Order under Section 144 Cr.P.C. was promulgated for the area in front of the State Secretariat. With a view to violate the said order under Section 144 Cr.P.C. the mob constituting the procession tried to forcibly enter into the prohibited area for which around 180 students were arrested. The members of the mob pelted stones towards the police at the instigation of some of the students' leader. Some of the police officers and others also sustained injuries. As the situation became uncontrollable, the Additional District Magistrate, Bhubaneswar declared the mob as unlawful and subsequently, ordered to fire tear gas cells and thereafter for lathi charge. A Section of the mob under the leadership of one Damodar Rout, M.L.A. entered inside the campus of 'Congress Bhawan' and resorted to various criminal acts, such as attempting to put fire to an Ambassador Car, blocking of the road etc. For the incident, the l.l.C. of Kharavela Police station, Bhubaneswar lodged an information in the said Police Station on the basis of which Kharavela P.S. Case No. 146(10)/84 dated 3.8.1984 was initiated. Similarly, a report was lodged by one Shri Lalatendu Mohapatra in the Capital Police Station, Bhubaneswar with regard to the Incident which took place in and near the 'Congress Bhawan' by the same mob. On the basis of the said report, Capital P.S. Case No. 346 (2)/84 dated 3.8.1984 was initiated.

(3.) IT appears that ultimately, charge sheet was submitted against various accused persons including the petitioner in both the aforesaid G.R. Cases on 30.1.1985 and 22.4.1986 respectively under the above sections of the Penal Code. As none of the accused persons attended the Court subsequently on the various dates to which the said G.R. cases were fixed, till 28.6.1998, the records were placed before the Lok Adalat on 28.6.1998, the following order was passed by the learned S.D.J.M., Bhubaneswar in both the cases;