GOBARDHAN SAHU AND OTHERS Vs. TULASI SETHY

JUDGEMENT

(1.) Challenge has been made to the order of taking cognizance dated 09.09.2004 for commission of offence under Sections 323/294/506 of the Indian Penal Code (in short "IPC") read with Section 3(1)(x) of the S.C./S.T. (PoA) Act and issuance of process against the petitioners by the learned S.D.J.M., Anandapur in I.C.C. Case No.99 of 2004.

(2.) The unshorn details of the prosecution is that on 23.07.2004, the complainant had gone to the place, namely, Kaliagonda for pasturing the goats. On that date, at about at 10.00 AM, the petitioners were there in their brinjal farm. When they saw the complainant, petitioner nos.1 and 2 gave a push blow to her chest and abused in filthy language. They also assaulted her with fist blows, slaps and by means of Bahungi. When the witnesses saw the occurrence, they came to her rescue. Due to interference of the outsider, the petitioners went away. The petitioners allegedly have committed criminal intimidation. The police was intimated but the matter could not proceed. So, the complaint was filed. Enquiry under Section 202 Cr.P.C., 1973 was held and learned Magistrate, after going through the material, took cognizance of the offences as aforesaid.

(3.) Mr. D.N. Pattanaik, learned counsel for the petitioners submits that there is a counter case filed by the sister of the petitioner nos.1 and 2 against the complainant vide G.R. Case No.98 of 2004 and there is also proceeding under Section 107 Cr.P.C., 1973 but the said fact has been noticed by the learned court below.