JANARDAN MISHRA Vs. MANORANJAN JENA AND ANOTHER

JUDGEMENT

(1.) The petitioner Janardan Mishra who was the Subinspector of Ghasipura Police Station has filed this application under section 482 of Cr.P.C. challenging the impugned order dated 31.08.2006 passed by the learned S.D.J.M., Anandapur in I.C.C. Case No. 18 of 2006 in taking cognizance of the offences under sections 294 and 323 of the Indian Penal Code and issuance of process against him.

(2.) It is not in dispute that while the petitioner was checking the vehicles in presence of the learned S.D.J.M., Anandapur who was holding mobile Court on the national highway, he demanded production of some documents from the opposite party no.1. It is the case of the complainant that the petitioner misbehaved with him, abused him in filthy language and assaulted him by means of a fist blows and slaps. The occurrence in question stated to have taken place on 24.02006.

(3.) The learned Magistrate recorded the initial statement of the complainant and then the case was posted for conducting inquiry under section 202 of Cr.P.C. From the side of the complainant, the evidence affidavit one witness was filed during inquiry under section 202 of Cr.P.C. on 31.08.2006. The learned Magistrate after perusal of the complaint petition, initial statement of the complainant and affidavit evidence of the witness has been pleased to find prima facie</i> case under sections 294 and 323 of the Indian Penal Code and accordingly, took cognizance of the offences.