JYOTI RANJAN MISHRA @ HAPPY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Samarendra Mohanty, learned counsel for the petitioner and Mr. Prem Kumar Pattnaik, learned Addl. Govt. Advocate for the State.

(2.) The petitioner Jyoti Ranjan Mishra @ Happy in this application under section 482 of the Code of Criminal Procedure, 1973 has challenged the impugned order dated 29.10.2004 passed by the learned S.D.J.M., Bhubaneswar in taking cognizance of the offences under sections 363/342/379/323/506/34 of the Indian Penal Code and issuance of process against him.

(3.) The first information report was lodged by the victim Balunkeswar Mohapatra before the Inspector in charge of Mancheswar police station on 23.07.2004 wherein he has stated that on that day at about 10.00 a.m. he had come to C.V. Raman I.T.I. to attend his examination and near the boundary wall of the I.T.I., the accused Biswajit Chhotray along with three others called him and thereafter, the accused persons took him forcibly to Prasanti Vihar and wrongfully confined him in a room and he was assaulted with iron rod and the accused persons took away Rs. 500/- from his pocket, cut his hair and also took some of his signatures in blank papers after assaulting him and threatened him with dire consequence not to disclose the occurrence before anybody. The accused Biswajit Chhotray took the informant in his motor cycle and dropped him at Rasulgarh. The informant after returning home, disclosed the incident before his father and others and accordingly, the F.I.R. was lodged.