HADU DANDASENA AND OTHERS Vs. MANGAL DANDASENA

JUDGEMENT

(1.) The petitioners Hadu Dandasena, Dutia Dandasena, Chhabila Dandasena, Pabitra Dandasena and Alekha Dandasena have filed this application under section 482 of Cr.P.C. in challenging the impugned order dated 10.04.2006 of the learned J.M.F.C., Rampur in I.C.C. Case No.4 of 2006 in taking cognizance of offence under section 294 of the Indian Penal Code and issuance of process against them.

(2.) The complaint petition was filed by the opposite party Mangal Dandasena before the learned J.M.F.C., Rampur on 27.03.2006 relating to an incident which took place on 203.2006 in the backyard of the house of the complainant in village Sanuapali. It is the case of the complainant that on 203.2006, the petitioners called one Amit known as Mr. Sahu Babu of the R.I., Circle, Dunguripali for demarcation of land and they tried to enter inside the backyard of the complainant but the complainant prohibited them from entering and also requested them not to demarcate the land without any reason.

(3.) At this the petitioners got angry with the complainant and all on a sudden they formed an unlawful assembly being armed with deadly weapons, trespassed into the backyard of the complainant and Hadu (petitioner no.1) abused the complainant in obscene languages like "MADORA CHODA, GHU KHIA SALA" which caused annoyance to the complainant in presence of the witnesses. It is further stated that accused Chhabila (petitioner no.3) holding a spade, accused Janata holding a stone and accused Dutia (petitioner no.2) holding an axe rushed towards the complainant to assault him brutally. The witness Gorachand who happened to be the grandson of the complainant rescued the complainant. Thereafter, the petitioners threatened the complainant to kill him. It is stated that the witnesses named in the complaint petition witnessed the occurrence and some of them have also intervened in the occurrence. It is further stated in the complaint petition that the complainant could not proceed to the police station on that day due to mental agony and as there was apprehension of danger to his life due to the overt act committed by the petitioners and on the next day, he went to the police station and gave a written report scribed by one Ganesh Dandasena before the A.S.I. of Dunguripali police station in absence of the O.I.C. who instead of registering the F.I.R., denied to receive the same and accordingly, the complaint petition was filed.