SASANKA SEKHAR SAMANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner no. 1 Sasanka Sekhar Samanta who was the Inspector, DCRB -cum- Inspector-in-charge, Special Squad, Bolangir, petitioner no. 2 Anand Kumar Khuas who was the Lance Naik, Headquarters Bolangir and petitioner no. 3 Sheikh Nabi who was the Driver, Reserve Police, Bolangir have filed this application under section 482 of the Criminal Procedure Code challenging the impugned order dated 22.08.2005 passed by the learned Sub-divisional Judicial Magistrate, Patnagarh in I.C.C. Case No. 66 of 2004 in taking cognizance of offence under sections 394/34 of the Indian Penal Code and issuance of process against them.

(2.) The petitioner no. 1 lodged the first information report before the officer in charge of Khaprakhol police station, on the basis of which Khaparkhol P.S. Case No. 74 of 2003 was registered on 05.12003 under sections 143/147/294/506/379/353/149 of the Indian Penal Code and section 47(a) of the Bihar and Orissa Excise Act against seven persons including Smt. Nandini Sahu, opposite party no. It is stated in the first information report that while the petitioners and other police officials proceeded towards village Dhandamunda getting reliable information about the sale of foreign liquor, they found one person was selling foreign liquor in a temporary shed in front of his house. The police officials entered into the shed and found that person was in possession of foreign liquor bottles and selling the same to the public. On being asked, he gave his identity as Goura Chandra Sahu and confessed to be selling foreign liquor without any license or authority. On search, number of liquor bottles was found from the possession of that person which was seized in presence of the local witnesses. When the seizure list was prepared, the said Goura Chandra Sahu and others did not sign the seizure list rather they challenged the police party in a loud voice and hearing their hullah, other villagers came there and joined them and they gheraoed the police and abused them in filthy language and snatched away the seized articles from the possession of the police. Since the said Goura Chandra Sahu and his wife Nandini Sahu (opposite party no. 2) were in possession of foreign liquor without any licence or authority and selling the same to the public and they along with others formed an unlawful assembly and created obstruction in the due discharge of the police officials, the FIR was lodged.

(3.) On completion of investigation, charge sheet was submitted in Khaprakhol P.S. Case No. 74 of 2003 on 27.12.2003 under sections 143/147/294/506/379/353/149 of the Indian Penal Code and section 47(a) of the Bihar and Orissa Excise Act against the opposite party no. 2 Smt. Nandini Sahu and others.