MANJULATA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the simplest form, Bhagwan tells Narada about his place of abode, "O Narada! My celestial home is not in Vaikuntha, nor in the hearts of Yogis. Wherever my devotees sing my name, I dwell there." The relationship between God and His devotee is pure, unselfish and honest. God responds to His true devotee if there is sincerity in his prayer. To get divine pleasure, a devotee sacrifices all the worldly relations, pleasures and possessions. Babas or spiritual gurus come in between God and devotee. Sometimes they project themselves as the incarnation of God and sometimes as a via media to approach God. It is said that a spiritual Guru opens up the eyes of a disciple by applying divine collyrium of self-knowledge which had got blinded by the cataract of ignorance for which the disciple salutes his reverential teacher.

(2.) CID, CB, Cuttack P.S. Case No.19 of 2015 was registered on 14.08.2015 under sections 384/ 506/ 211/ 120-B read with section 34 of the Indian Penal Code against petitioner Sarathi Baba, Mili and one unknown lady on the first information report submitted by the victim "RM". After completion of investigation, charge sheet was submitted on 28.11.2015 under sections 384/ 506/ 211/ 120-B/ 342/ 343/ 347/ 365/ 508/ 34 of the Indian Penal Code and section 3(2)(v)(vi) of 1989 Act against the petitioners Sarathi Baba, Manjulata Swain @ CBI Madam and one Mili @ Subhalaxmi Pati. On receipt of such charge sheet, the learned S.D.J.M. (Sadar), Cuttack on 28.11.2015 took cognizance of offences under sections 120-B/ 384/ 211/ 506/ 508/ 34 of the Indian Penal Code and section 3(2)(v)(vi) of 1989 Act and issued process against the petitioners and co-accused Mili @ Subhalaxmi Pati. The petitioner Manjulata Swain challenged the aforesaid order 28.11.2015 before this Court in CRLREV No.98 of 2016 and this Court vide order dated 13.05.2016 has been pleased to set aside the order of cognizance and remitted the matter back to the learned S.D.J.M. (Sadar), Cuttack to address the order of cognizance afresh looking into the materials on record. This Court further observed that the order shall not prevent the learned S.D.J.M. (Sadar), Cuttack to take cognizance for any offences, even if police has not filed charge sheet alleging the same, if on scrutiny the Court finds the same to have been committed by any of the accused persons. The learned S.D.J.M. (Sadar), Cuttack as per the direction and observation of the order dated 13.05.2016 passed in CRLREV No.98 of 2016, considered the matter afresh and has been pleased to observe that the ingredients of the offence under section 3(2)(v) of the 1989 Act are not attracted. Similarly it was observed that the materials on record do not constitute the offence under section

(3.) (2)(vi) of the 1989 Act against petitioner Sarathi Baba, however, it was held that the ingredients of the offence under section 3(1)(w)(i) of 1989 Act is well made out against petitioner Sarathi Baba and accordingly, the impugned order was passed observing that there are sufficient materials to proceed against the petitioner Sarathi Baba under sections 384/ 506/ 211/ 120-B/ 342/ 343/ 365/ 508/ 34 of the Indian Penal Code read with section 3(1)(w)(i) of the 1989 Act for taking cognizance of such offences. It was further held that there are sufficient materials to proceed against the petitioner Manjulata Swain @ CBI Madam and Mili @ Subhalaxmi Pati under sections 384/ 506/ 211/ 120-B/ 34 of the Indian Penal Code for taking cognizance of such offences. 3. On 14.08.2015 the victim RM who was a student of 8th Semester M.B.B.S. and prosecuting her studies at S.C.B. Medical College, Cuttack staying in the college hostel, lodged the First Information Report before the Superintendent of Police, CID, CB, Odisha, Cuttack stating therein that on 07.08.2015 she received a number of phone calls for which she was mentally upset. Relating to her visit to Hyderabad on 05.08.2015, she was under severe tension for which she kept her friend Smruti Pragyna Sanhita with her. It is stated that in between 2.00 to 2.30 p.m. on 7.8.2015, a phone call came to Smruti. One Milli Appa who was previously known to the victim told the victim to talk with the CBI Madam over phone. CBI Madam told the victim that her life was in danger and eight lakh rupees have been paid to the hostel authorities to kill her and further informed her that Nandi, Khageswar Rout, Kailash Mallik and Kishore Mallik have prepared themselves to kill her. Believing the version of CBI Madam and Milli Appa to be correct, the victim prepared a letter but she was not aware that it would be registered as First Information Report. The victim handed over such letter to her friend Smruti who in turn handed over the same to Milli Appa. At about 9.00 p.m., Inspector in charge of Mangalabag Police Station came to her where after she came to know that her letter has been presented before the Police Station. It is further stated by the victim in the F.I.R. that she had no complain whatsoever against those four persons who were named in her letter. She further stated that petitioner Sarathi Baba was giving repeated threat to her to kill her and to ruin her entire family so that they would beg on the streets. When Hyderabad incident was telecasted, Sarathi Baba was repeatedly cautioning the victim not to watch the television and asking her to inform her family members not to watch television. Sarathi Baba also asked the victim to inform the media people that she took him to Hyderabad forcefully and that she was an adult and can move on her own sweet will. The victim further stated in the F.I.R. that due to fear of the petitioner Sarathi Baba and apprehending danger to her family, she made incorrect statements before the media people. On receipt of such First Information Report, since it revealed a cognizable case under sections 384/ 506/ 211/ 120-B read with section 34 of the Indian Penal Code, the Superintendent of Police CID, CB, Odisha, Cuttack directed the I.I.C., CID, CB police station to register the case and accordingly CID, CB, Odisha, Cuttack P.S. Case No.19 dated 14.8.2015 was registered under sections 384/ 506/ 211/ 120-B read with section 34 of the Indian Penal Code. The investigation of the case was entrusted to Inspector Mamata Rani Panda. During course of investigation, the I.O. examined the victim RM, her parents, her brother, her friend Smruti and other material witnesses and recorded their statements. The statement of the victim was also recorded under section 164 Cr.P.C. by J.M.F.C., Rural, Cuttack. The call detail records in respect of the mobile phone used during the alleged transactions were collected from the competent authority along with other material correspondence. The material evidence relating to the stay of the petitioner Sarathi Baba along with the victim at Hotel Golkonda of Hyderabad was collected by the Investigating Officer. The charge of the investigation was taken over by Sri Ramesh Ch. Sethi, Deputy Superintendent of Police, CID, CB with effect from 16.10.2015 as per the office order No.165-A/CID dated 15.10.2015. The I.O. collected materials from the Tahasil office, Derabis and Tirtol as regards the caste status of victim as well as petitioner Sarathi Baba which revealed that the petitioner Sarathi Baba is Brahmin by caste and the victim RM hails from scheduled caste community and her sub-caste is 'Kandara'. From the materials collected during investigation, the Investigating Officer came to know that the petitioner Sarathi Baba had been to Hotel Golkonda at Hyderabad along with the victim lady and by inducing her in deceitful means, he confined her in hotel rooms for about five days, criminally intimidated her and to her family members, abducted her and put her in wrongful confinement, threatened her in the name of divine displeasure and got a paper written from her by way of criminal conspiracy to use the same as a valuable security. The I.O. found prima facie case under sections 384/ 211/ 506/ 120-B read with section 34 of the Indian Penal Code against CBI Madam @ Manjulata Swain (petitioner in CRLREV No.491 of 2016) and accused Mili @ Subhalaxmi Pati and under sections 120-B/ 384/ 211/ 506/ 508 read with section 34 of the Indian Penal Code and section 3 (2)(v)(vi) of 1989 Act against petitioner Sarathi baba and accordingly charge sheet was submitted on 28.11.2015.