PRIYA RANJAN SATPATHY & ANOTHER Vs. SURENDRANATH MISHRA

JUDGEMENT

(1.) Challenge has been made to the order dated 3.7.2007 taking cognizance of the offences under Sections 341, 342, 323, 294, 506/34 of the Indian Penal Code (hereinafter called 'IPC') and issuance of process against the present petitioners in I.C.C. Case No.51 of 2006 by the learned Judicial Magistrate, First Class, Pipili.

(2.) Mr. S.K. Dash, learned counsel for the petitioners submitted that the petitioners are Police Officers being posted at Pipili Police Station, in the district of Puri at the relevant time, i.e., on 15.8.2006. According to him, the opposite party lodged complaint against the petitioners in the Court of the learned J.M.F.C., Pipili, in the above noted complaint case alleging that the then Inspector of Police, Manoranjan Mohanty has illegally registered a case against one Lingaraj Mishra, Headmaster of the High School and others following death of one Bapi Pradhan on 9.6.2006 in an accident arising out of the fire work display on the day of Champak Dwadashi. In spite of objection by the local people for not registering the case on account of such accidental death and in view of the settlement arrived at between the owner of the absconding vehicle and the son of the deceased, the succeeding Inspector-in-charge Dillip Mohanty registered a case and sent the dead body for postmortem examination.

(3.) Mr. Dash further submitted that alleging about Police atrocities, a mob led by the complainant-opposite party headed a rally to give a Memorandum to the Director General of Police and other authorities but the petitioners allegedly caught hold of the complainant and dealt with fist blows. They also allegedly put the complainant-opposite party inside the Police jeep. The petitioners also allegedly assaulted the complainant-opposite party causing severe bleeding injury and also abused him in obscene language as the grievance was made to senior officers of the Police and to the Human Rights Commission. At the same time, the complainant filed complaint making false allegations against the petitioners. But the learned J.M.F.C., Pipili without application of judicial mind took cognizance of the aforesaid offences basing on the statement of the complainant and the statement of the witnesses recorded under Section 202 of the Cr.P.C.