SURENDRANATH TRIPATHI Vs. PRAVABATI PATTNAIK

JUDGEMENT

(1.) In CRLMC No.256 of 2003, the petitioner no.1 Surendranath Tripathi was the Chairman -cum- Managing Director, OSFC, the petitioner no.2 Pradyut Kumar Balabantaray was the Deputy General Manager, OSFC, the petitioner no.3 Arun Kumar Das was the General Manager, OSFC and the petitioner no.4 Rabindaranath Dey was the Joint General Manager, OSFC and in CRLMC No.303 of 2003, the petitioner no.1 Pravat Chandra Mohapatra was the Joint General Manager, OSFC, the petitioner no.2 Pramod Chandra Panda was the Joint General Manager, OSFC, Cuttack and the petitioner no.3 Lalit Kumar Nanda was the Deputy General Manager (Law), OSFC.

(2.) The opp. party Pravabati Pattnaik stated in the complaint petition that she and her husband Santosh Kumar Pattnaik were the partners of M/s. Indoplast Industries situated at D-2/3, Mancheswar, Industrial Estate, Bhubaneswar and they were carrying on their business by making a partnership agreement and owing to super cyclone, the industry was damaged for which they submitted an application for loan to the OFSC authorities under cyclone rehabilitation scheme and on 27.12.2000 a loan of Rs. 13.21 lakhs was sanctioned, out of which Rs.2,81,000/- was released on

(3.) 04.2001 by the OSFC authorities. Thereafter, the complainant and her husband approached the petitioner Surendranath Tripathi and other concerned authorities to get back the balance amount of Rs.10,040,00/- in order to get back their industry in a running condition but that was not done in spite of repeated requests. It is the further case of the complainant that on 04.07.2002 at about 11.30 a.m., the complainant reached at the office of the OSFC and when she entered into the office of the petitioner Surendranath Tripathi, he challenged her as to how she entered in the room. When the complainant tried to explain her grievances, the petitioner shouted at her and pushed her out of the room. The complainant vehemently raised her protest to the misbehavior of the petitioner but he called the other petitioners who came to the spot and all of them surrounded the complainant and did not allow her to go out and then she was assaulted by fists and blows and then the petitioner Surendranath Tripathi abused her in filthy language such as "BEDHA TO GANDI GALU HEUCHHIKI, MARIBAKU AASIGALU". Then the petitioners dragged the complainant on the floor upto the stair case and threw her on the stair case. The petitioner Surendranath Tripathi threatened her again such as "BEDHA AAU THARE OFFICEKU AASILE MARI SAFA KARIDEBI". At that point of time the witnesses were present at the spot and when they protested against the illegal action of the petitioners, they stopped assaulting the complainant. It is stated that due to assault by the petitioners, the complainant sustained swelling injury on her waist and pain on the different parts of her body for which she was medically examined.