STATE OF ORISSA Vs. MICHEL JOSEPH

JUDGEMENT

(1.) This revision at the instance of the State is against the order dated 6-4-1995 passed by the Judicial Magistrate, First Class, R. Udayagiri, refusing the prayer of the Assistant Public Prosecutor on a petition filed under Sec. 321, Cr. P.C. for withdrawal from the prosecution against the accused persons in G.R. Case No. 42 of 1995 of the said Court.

(2.) Shortly speaking prosecution case is, the Adivasi community had organised a camp to cure all types of diseases with the healing touch of accused persons headed by Dr. K. Ahmed Paul. The venue fixed was village Badapada under Seranga Police Station in the district of Gajapati and the date in between 28-3-1995 and 31-3-1995. Wide publicity was given to attract thousands people to benefit from the miracle. The organisers sought for permission to hold the camp from the Collector which was refused and to prevent any law and order situation there was a prohibitory order under Sec. 144(2), Cr. P.C. In spite of this, on the appointed date i.e., 24-3-1995 there was a huge congregation. The Block Development Officer and the entire administrative machinery of the district including the police personnel were present. At that time when the accused persons who are foreign missionaries came out of the Church, all the people gathered there shouted slogans in the name of Jesus Christ. When the police tried to disperse the crowd there was brick-batting and there prevailed a law and order situation. It was alleged that the accused-opposite parties took the law into their own hands and assaulted and injured the police people. For this, charge-sheet was submitted against the opposite parties for the offence under secs. 307, 333, 148 etc. of the Indian Penal Code.

(3.) Heard learned Advocate-General, perused the F.I.R. and the impugned order rejecting the prayer for withdrawal from prosecution.