RAMESH CHANDRA BISSOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in CRLMC No. 2110 of 2004 namely Ramesh Chandra Bissoi was the S.I. of Police and the Second Officer of Jeypore Sadar Police Station and the petitioner in CRLMC No.1829 of 2004 namely Pramod Kumar Panigrahi was the Officer in charge of Jeypore Sadar Police Station and both the petitioners have challenged the impugned order dated 09.08.2004 passed by the learned S.D.J.M., Jeypore in 1.C.C. Case No.65 of 2004 in taking cognizance of the offences punishable under sections 323/354/294/406/506/34 of the Indian Penal Code and issuance of process against them.

(2.) The opposite party no.2 Chandra Nag filed the complaint petition against the petitioners and one Maidar Ganda stating therein that one self help group of his Village Parsanput Bayaguda brought a tractor on lease basis for one year from co- accused Maidar Ganda for Rs.7500/- (rupees seven thousand five hundred only) per month and paid Rs.20,000/- (rupees twenty thousand only) as advance and in that respect an agreement was executed between the S.H.G. organizer and coaccused Maidar Ganda, the owner of the vehicle on 01.10.2003 but in the month of December 2003, the co-accused Maidar Ganda forcibly took away his vehicle without adjusting the rest amount and the agreement could not be worked out. The members of the self help group approached the co-accused Maidar Ganda for return of the rest of the amount as per the agreement but he did not return the same rather scolded them and threatened them for which the complainant along with others reported the matter on 16.01.2004 before the Officer in charge, Sadar Police Station, Jeypore but no action was taken thereon. On 24.07.2004 the complainant along with other members of the self help group reported the matter to the Collector, Koraput and also to the Superintendent of Police, Koraput. It is further stated in the complaint petition that on 27.07.2004 at about 4.00 p.m. both the petitioners called the complainant and others to the Sadar Police Station, Jeypore and scolded them in filthy language and forcibly took a written paper from them to the effect that there was no dispute between the self help group organization and co-accused Maidar Ganda and all the accounts had been subsided between the parties. It is stated that at that point of time co-accused Maidar Ganda was present in the Sadar Police Station and he left the Police Station and went to the village. It is further stated in the complaint petition that on the same day at about 9.00 p.m., both the petitioners and co-accused Maidar Ganda came to the village, called the complainant and others and verified all the documents regarding the original agreement which was executed between the self help group organization and the co-accused and original R.C. Book of the tractor and other related papers and forcibly took away the same. It is further stated in the complaint petition that when the complainant and one Suvadra Nag protested, the petitioners scolded them, attempted to assault the complainant, caught hold of tuft of the hairs of Suvadra Nag and assaulted her. The petitioner Ramesh Chandra Bissoi and co-accused Maidar Ganda also allegedly assaulted the complainant for which the villages protested. The matter was reported on 28.07.2004 to the Collector, Koraput and S.P., Koraput but no action was taken thereon for which the complaint petition was filed.

(3.) The learned S.D.J.M., Jeypore on receipt of the complaint petition, took cognizance of the offences under sections 379/323/354/494/406/506/34 of the Indian Penal Code on 03.08.2004 and posted the case for inquiry as contemplated under section 202 of Cr.P.C., during course of which the complainant examined two witnesses namely Suvadra Nag and Bhagabati Pujari.