DEBADUTTA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under section 482 of the Code Criminal Procedure has been filed by the petitioner Debadutta Mohapatra with a prayer to quash the charge-sheet dated 07.12.2002 filed by the A.S.I. of Police, Daspalla Police station in Daspalla P.S. Case No. 101 of 2002 against him under sections 332/294/183/186/506 of the Indian Penal Code and also the impugned order dated 10.12.2002 passed by the learned J.M.F.C., Daspalla in G.R. Case No. 132 of 2002 (arising out of Daspalla P.S. Case No. 101 of 2002) in taking cognizance of the offences under sections 332/294/183/186/506 of the Indian Penal Code and issuance of process against him.

(2.) The prosecution case, in short, is that on 31.10.2002 at about 9.45 p.m. S.I. Sri S. Mohanty, officer in charge of Daspalla Police station drew up the plain paper F.I.R. at village Jagadevpatna to the effect that in connection with the investigation of Daspalla P.S. Case No. 97 of 2002, he visited the house of Rabindra Kumar Prusty along with Circle Inspector, Khandapada, A.S.I.A. Sahoo, C/259 R.Ch. Rath, WC.252 B. Sethi, local witnesses Gouri Sankar Nanda & Sanjukta Dasgupta and accused Suresh Rout who confessed to have given the looted gold ornaments of his share to Rabindra Kumar Prusty. During conversation, accused Rabindra Kumar Prusty admitted to have received the gold and silver ornaments from accused Suresh Rout and melted the same. He also produced the melted gold and silver ornaments for seizure. During seizure, the petitioner suddenly arrived there and challenged the informant as to under what authority he got the right of seizure of the melted gold. When the informant tried to explain the petitioner about the legal position and requested him not to interfere in the investigation of the case being an outsider, the petitioner suddenly became furious and started arguing with the informant using unparliamentarily language and in intimidating terms. When the informant warned the petitioner that he can arrest him for intimidating and obstructing a police officer during due discharge of his duty, he shouted more loudly and used obscene language like "Sala Magiha Police" and threatened to take out his stars. The petitioner also threatened to harass the informant by filing a complaint case against him and suddenly he gave a strong push on the neck of the informant. However due to intervention of public, the informant was saved from further assault. Due to suspected fracture injury on his right hand wrist, the informant was unable to defend him. The staff accompanying him came to his rescue and when they tried to apprehend the petitioner, he ran away from the spot.

(3.) After registration of the case, the case was investigated by A.S.I. of Daspalla Police station who examined the informant and witnesses. The petitioner surrendered before the learned J.M.F.C., Daspalla and was released on bail. Circle Inspector, Khandapada supervised the case and directed the Investigating Officer to submit charge sheet and accordingly, charge sheet was submitted under sections 332/294/183/186/506 of the Indian Penal Code against the petitioner.