GADADHAR PANDA Vs. DAITARY DAS

JUDGEMENT

(1.) Challenge has been made to the order of taking cognizance dated 06.03.2006 for commission of offence under Sections 294/323/506 of the Indian Penal Code and issuance of process against the petitioner by the learned J.M.F.C., Jajpur Road in I.C.C. No.44 of 2006.

(2.) Mr. A. Mohanty, learned counsel for the petitioner submits that complainant filed the complaint against the petitioner, who was a S.D.O, Telephone, Jajpur Road, DistrictJajpur on the allegation that on 24.02006 at 10.45 A.M. the complainant asked the petitioner for a SIM Card as the petitioner was on duty by then. According to him, it was alleged that the complainant when asked about the SIM Card, the petitioner allegedly asked for Rs.1, 000/- to which the complainant objected. Then, the petitioner allegedly abused him in obscene language and threatened him to go out and simultaneously pushed him out. As such the complainant allegedly was insulted and became threatened.

(3.) Mr. Mohanty, learned counsel for the petitioner further submits that the episode as narrated by the complainant is totally false as at that time the petitioner had attended the meeting with the General Manager in his chamber as per Annexures-4 and 5. He further submits that since the alleged occurrence took place during discharge of duty by the petitioner, as per Section 197 of Cr.P.C. sanction is necessary to prosecute the petitioner. As there is no order of sanction, the impugned order of taking cognizance of the offence against the petitioner who is a public servant, suffers from infirmity and illegality.