SANTOSH KUMAR BHANJA Vs. DUKHISYAM PATTANAIK

JUDGEMENT

(1.) The petitioners. employees of the Forest Department by filling this case under Section 482 Cr. P.C. have sought to quash the cognizance of the offence taken by the learned S.D.J.M., Athagarh under Section 353/34 I.P.C. in 1. C.C. No. 15 of 1994 filed by the Conservator of Forest, Angul, opposite party herein.

(2.) For resolution of the controversy and to appreciate the contentions raised at the Bar, it is necessary to have a glimpse on the facts adumbrated in the complaint. On the night of 15-7-1993 while the complainant-opposite party was performing patrol duty in the Athagarh Forest Division area found three trucks loaded with round timbers and firewood proceeding towards Cuttack. He signaled to stop those vehicles, but they did not so. He made a chase and apprehended them that the gate. To check those vehicles he sought the assistance of the petitioners who were on duty at the gate, but they did not pay any head. Ultimately he checked the vehicles alone in course of which a young man suddenly emerged with a motor-cycle and threatened to take away his life, if any action was taken in his clandestine timber business and so saying, he dragged him out of the check gate premises. The petitioners though were very much present during the current but were mute spectators. They did not come to his rescue nor did they co-operate and render any help. For their such inaction and indifference, he suspected them to have hands in smuggling of timbers.

(3.) Making all allegations, the opposite party lodged a written report to the local police whereupon a case under Section 353, 326 and 536 read with Section 34 I.P.C. was registered and investigated into. However, the police submitted charge-sheet only against one and not against the petitioners. So, he filed a separate complaint Whereupon the learned Magistrate having conducted enquiry under Section 202 Cr. P.C. took cognizance of the offence under Section 353/34 I.P.C. vide order dated 23-11-1994 and issued process against the petitioners for their appearance.