RABINARAYAN BEHERA Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the informant.

(2.) Learned counsel for the petitioner and learned counsel for the information falsely implicated in this case because the petitioner was the I.I.C Town PS Balasore while the F.I.R. was lodged by the present complainant who have committed theft in the house of Shri L.N Ray Choudhury the then J.M F.C Balasore. According to him, the complainant was peon attached to Shri Choudhury and in absence of Shri Choudhury, the complainant has committed theft in his house. The petitioner received the F.I.R'. against the present complainant and proceeded with the investigation. While he interrogated the complainant, visited the spot and took him to custody, the complainant falsely alleged about the use of obscene language and assault on the person of the complainant.

(3.) Learned counsel for the petitioner further submits that the allegations by the present complainant are absolutely false to get rid of the police case and he has examined only his colleagues-process server under Section 202 Cr.P.C., 1973