SAILENDRA KUMAR DWIVEDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Crimial P.C. filed by the petitioner Sailendra Kumar Dwivedi, ex-B.D.O., Dhamnagar in challenging the impugned order dated 16.04.2004 passed by the learned S.D.J.M., Bhadrak in G.R. Case No.1278 of 2003 in taking cognizance of the offences under sections 341/323/294/34 of the Indian Penal Code and issuance of process against him.

(2.) The first information report was lodged by one Rabinarayan Sutar before the Officer in charge of Dhamnagar Police Station, Dhamnagar on 06.12003, on the basis of which Dhamnagar P.S. Case No.119 of 2003 was registered under sections 341/323/294/34 of the Indian Penal Code against the petitioner as well as co-accused Birendra Jena and Ramesh Chandra Mohapatra.

(3.) The prosecution case as per the first information report is that on 05.12.2003 when the informant along with others had come to the office to the B.D.O. to complain before the Central Enquiry Committee regarding the irregularities committed in the developmental works of the Gram Panchayat, they found that the door of the office was closed and they waited on the verandah and at that time, the petitioner who was the B..D.O. came outside and asked the informant and others regarding the reasons for coming to the office. When he was told that they have come to complain before the Central Enquiry Committee, the petitioner told them that ultimately all the complaints would be dealt by him and he asked the co-accused persons to oust the informant and others from the office by using filthy language and accordingly, the co-accused persons assaulted them.