IPSITA PRATIHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Ipsita Pratihari has filed the criminal revision petition vide CRLREV No. 887 of 2016 to set aside the impugned order dated 05.08.2016 passed by the learned S.D.J.M., Puri in G.R.Case No. 1561 of 2016 in which the prayer made by the Investigating Officer for issuance of proclamation under section 82 of Cr.P.C. against the petitioner was allowed. Similarly the petitioner has filed another criminal revision petition vide CRLREV No. 886 of 2016 to set aside the impugned order dated 05.11.2016 passed by the learned S.D.J.M., Puri in allowing the prayer made by the Investigating Officer for attachment/freezing of the accounts and properties of the petitioner and also the consequential order dated 19.11.2016 of the Deputy Supdt. of Police, City, Puri in which he has locked, sealed and attached the property of the petitioner. The said case arises out of Singhadwar P.S. Case No. 46 of 2016 registered on 18.07.2016 under sections 143, 341, 353, 294, 506, 186, 188 read with section 149 of the Indian Penal Code and Sections 30-A (4)(b) of Sri Jagannath Temple Act, 1955.

(2.) The prosecution case, as per the First Information Report dated 18.07.2016 lodged by Shri Aravind Agrawal, IAS, District Magistrate and Collector, Puri-cum-Deputy Chief Administrator, Shree Jagannath Temple Administration before the Superintendent of Police, Puri is that Shri Jagannath Temple Management Committee had restricted entry of unauthorized persons/ non-Sevayats/ devotees and family members of the Sevayats on the Chariots of the Jews and in order to enforce the decision, adequate arrangements were made. On 17.07.2016 at about 9.00 p.m. on Niladri Bije, it was noticed that some of the Sevayats and few others forcefully took a lady on the Chariot of Lord Balabhadra in spite of restriction imposed. The Jagannath Temple Police on the Chariots who were assigned the duty to restrict the unauthorized entry failed to restrict the lady while climbing to the Chariot. When the informant noticed the same, he along with the Inspector in-charge of Lion's Gate Police Station and few other female Police officers on duty restrained the lady verbally to climb over the other Chariots and at that moment, Sevayats Damodar Mahasuar, Bhimsen Palankadhari and Jayakrushna Mahasuar started abusing the informant and they were immediately joined by other Sevayats including the petitioner and all of them started abusing the informant in unparliamentary and filthy language and threatened him with dire consequences to kill him. They also tried to assault the informant as a result of which the informant was publicly embarrassed. It is further stated in the First Information Report that the inhuman and shameful behaviour of the Sevayats severely shocked the informant and other senior officials and thereafter the Sevayats also dared to stop Pahandi of Lord Sudarshan after it was started. It is further stated that during the entire process, many other Sevayats started abusing the informant in filthy language and obstructed the carcade of Lord Sudarshan. Since the safety and security of the informant was jeopardized, Senior Police Officers rescued him from the spot and after a lot of persuasion, the Pahandi started and embarrassing situation faced by Jews could be avoided and normalcy restored.

(3.) The Deputy Superintendent of Police, City, Puri was entrusted with the investigation of the case. On 19.07.2016 some of the accused persons were arrested and forwarded to Court. On 20.07.2016 and 21.07.2016 raids were conducted at different places of Puri to apprehend the absconding accused persons but in vain. On 22.07.2016 some more accused persons were arrested and forwarded to Court.