BHAGIRATHI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition Under Section 439, Sub -section (2), of Cr.P.C., 1973 wherein the petitioner has prayed for cancellation of bail granted to opposite party Nos. 2 and 3 by the learned Sub -Divisional Judicial Magistrate, Puri by his order dated 13.9.1995 passed in G.R. Case No. 1205 of 1995 arising out of Pipili P.S. Case No. 152 of 1995.

(2.) THE facts which gave rise to this petition are stated in brief as under : - - On the information lodged by the present petitioner, Pipili P.S. Case No. 152 of 1995 was registered against the opposite party Nos. 2 and 3 for the alleged offences Under Sections 341, 324, 294 and 506, I.P.C. on the allegation that the opposite party Nos. 2 and 3 abused, threatened and assaulted the petitioner and his father while they were ploughing their land. Opposite party Nos. 2 and 3 were arrested and forwarded to Court on 12.9.1995 and were released on bail by the learned S.D.J.M. by his order dated 13.9.1995 with the condition that they shall maintain peace and keep good behaviour. It is alleged by the petitioner that after being released on bail the opposite parties abused the liberty granted to them by abusing and threatening the petitioned on 5.3.1996 and 17.3.1996. It is also alleged that on 18.5.1996 opposite party No. 2 damaged the by -cycle of the petitioner and on 26.6.1996 assaulted the petitioner and threatened him of dire consequences unless the case is withdrawn. It is further alleged that the petitioner lodged written reports (copies have been furnished as Annexures 2 to 5) at Pipili Police Station after each of the alleged occurrences, but the local police did not take any action on these reports as alleging their inaction in connection with the incident relating to which P.S. Case No. 152 of 1995 has been registered the petitioner approached this Court in a writ petition.