CHIRANJIBI NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The abovementioned CRLMC applications arise out of the self-same F.I.R, which relates to the same incident. Therefore, for the sake of brevity, they are taken together for adjudication. The CRLMC Nos.2832 of 2024 and CRLMC No.1017 of 2024 have been filed with a prayer to quash the impugned order of cognizance dtd. 14/11/2018, at Annexure-3, passed by the Ld. S.D.J.M.(S), Cuttack as well as to quash the entire criminal proceeding against the Petitioners initiated in S.T. Case No.39 of 2024 corresponding to G.R. Case No.372 of 2018 now pending before the Court of the Learned SDJM(S), Cuttack. Since both the CRLMC applications relate to the self-same F.I.R, facts pleaded in CRLMC No.2832 is being taken up to understand the factual background of the cases.

(2.) The factual background of the matter giving rise to the present application as culled out from the FIR and the Chargesheet, in a nutshell, is as follows; on 27/2/2018, at noon, the President, Board of Secondary Education ("BSE"), Odisha, Cuttack, upon receiving information that some members of ABVP were about to stage demonstration in front of the BSE office, contacted the Mangalabag Police Station. At about 12:30pm, about 30-35 demonstrators began shouting slogans and began a dharana in front of the BSE office gate. When the President and officials of the Board went to the entrance, they were handed over the memorandum by one of the demonstrators purporting to be the Secretary of ABVP. Thereafter, the demonstrators began arguing with the President and officials of the Board regarding the question paper leak on social media.

(3.) The F.I.R further reveals that soon after handing over the memorandum, the demonstrators became unruly and began abusing the officials in filthy language and started manhandling the staff and security guards. They entered the office premises breaking open the entrance gate and vandalized the office while assaulting the staff, security and police personnel. As per the FIR, the entire ruckus lasted for around half an hour, during which the demonstrators have inflicted injuries to the person of some of the staff members, outraged the modesty of some female staff, and broke several furniture, window panes, staff vehicle, tube lights and other fixtures inside the office premises. As a result of such conduct of the demonstrators, an FIR bearing Mangalabag PS Case No.44 of 2018 was lodged on 27/2/2018 at the behest of the complainant, i.e. the Opposite Party No.2-President of the Board. Eventually, on the basis of such F.I.R and after completion of the investigation, a Chargesheet, under Annexure-2, was filed against 21 individuals including the present Petitioners and the magistrate has taken cognizance of the offences, under Sec. 147, 341, 294, 323, 332, 354, 307, 427, 506, 149 of the IPC along with Sec. 3 of the PDPP Act, 1984 and Sec. 7 of the Criminal Law Amendment Act, vide order dtd. 14/11/2018 at Annexure-3. Pursuant thereto, the case has been committed to the learned S.D.J.M(S), Cuttack and renumbered as S.T Case No.39 of 2024.