BHAGIRATHI Vs. DAMODAR

JUDGEMENT

(1.) Criminal Revision No. 386 of 1979 and Government Appeal No. 5 of 1980 arise out of the order passed by the learned Judicial Magistrate. Second Class, Puri in G.R. Case No. 1572 of 1973 (T.R. No. 802 of 1978) acquitting the respondents of charges under Ss. 143, 188 and 379 of the Indian Penal Code (I.P.C. for short). Therefore, they were heard analogously and this common judgment will govern both.

(2.) The prosecution case relevant for disposal of the cases is stated below in brief. Bhagirathi Srichandan initiated a proceeding under S.145 of the Cr. P.C. ('Code' for short) (Misc. Case No. 279 of 1973) against respondent 18, Damodar Baral and respondent 21, Upendra Rautrai in respect of plot No. 230 bearing an area of Ac. 0. 56 decimals and plot Nos. 286 and 287 bearing an area of Ac. 0. 17 decimals in Khata No. 39 of village Badalpur, P. S. Satyabadi, District, Puri. The learned Sub-Divisional Officer-cum-Magistrate First Class, Puri on 16-10-1973 passed a preliminary order (Ext. 2) whereby he prohibited both parties to the proceedings from entering upon the subject matter of dispute till disposal of the proceeding and as he found that it was a case of emergency, he further directed the police to attach the subject matter of dispute forthwith and keep the same under attachment till disposal of the proceeding. He also directed the police to suggest the name of a disinterested person for appointment of receiver in respect thereof. In accordance with the directions contained in the preliminary order, a police officer (P. W. 6) attached the subject matter of dispute on 28-10-1973 in the presence of witnesses by beat of drums and duly intimated respondents 18 and 21 of the contents of the preliminary order who refused to receive copies thereof. At the time of attachment there were standing paddy crops on the attached land and so he suggested that the Revenue Inspector, Ranipada be appointed as the receiver. He submitted his report (Ext. 2/2). On 24-12-1973 Debaraj Srichanda, late husband of Sundari Harichandan (Petitioner in Criminal Revision No. 386 of 1979) submitted F.I.R. at the Kanas Police Out-Post stating therein that being fully aware of the order of attachment and prohibition passed in the proceeding under S. 145 of the Code and in flagrant violation thereof, the respondents by forming an unlawful assembly on the same day reaped and removed the standing paddy crops which had been raised by him as a tenant of deity Shri Radhamohan Deb of village Ghanipur, P. S. Delang, District Puri since the time of his forefathers. On the said F. I. R. investigation commenced. On the basis of the self-same allegation a petition (Ext. 3) was filed before the Sub-Divisional Officer-cum-Magistrate, First Class, Puri to initiate a complaint against respondents under S.188, I.P.C. in accordance with the provisions of S.195 (1)(a)(i) of the Code. On 24-5-1975 the Executive Magistrate, Puri filed a complaint petition (Ext. 4) against the respondents for having committed an offence under S.188, I.P.C. By order dt. 11-7-1975 the Executive Magistrate, Puri recorded final disposal of the proceeding under S.145 of the Code (Ext. 10) (Misc. Case No. 279 of 1973) and declared the possession of Bhagirathi Srichandan in respect of the subject matter of dispute. The order of the executive Magistrate was upheld by this Court in Criminal Revision No. 279 of 1976. On the above facts charge was framed against the respondents for having committed offences under Ss. 143, 188 and 379, I.P.C.

(3.) The plea of the respondents was denial of the charges simpliciter.