BENUDHAR NAYAK AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called as "the Code") to quash the order dated 7.12.2006 of taking cognizance of offences under Sections 323/294/34 of the India Penal Code, 1860 (hereinafter called as "the IPC?) passed by the learned J.M.F.C., Basudevpur in I.C.C.62 of 2002 against the petitioners and issuance of process against them.

(2.) Mr.Sundaray, learned counsel for the petitioners submitted that the petitioners were the then Officer-in-Charge of Basudevpur Police Station and a constable attached to the said police station respectively. According to him, the complainant (Manoj Kumar Panigrahi) had filed a complaint against the present petitioners before the learned Magistrate alleging that while the complainant was waiting at the outside Verandah of the Court on 3.10.2002 to get bail in G.R. Case No.1319 of 1993, the petitioners allegedly reached there, abused him in obscene language, took him forcibly to police station in the jeep and assaulted him and also committed criminal intimidation by threatening the complainant of dire consequence. Against the police, the complainant filed complaint case vide ICC No.62 of 2002 and the learned Magistrate conducted inquiry under Section 202 of the Code but having not found a prima facie</i> case against the present petitioners, dismissed the complaint vide order dated 26.04.2003 under Section 203 Cr.P.C, 1973.

(3.) Mr.Sundaray, learned counsel for the petitioners submits that against the order dated 26.04.2003 passed by the learned Magistrate dismissing the complaint, the complainant approached the learned Ad hoc Additional Sessions Judge, Bhadrak by filing Crl. Rev. No.32 of 2003 and the learned Ad hoc Additional Sessions Judge, Bhadrak (Fast Track Court) , vide judgment dated 20.02006, remanded the matter to the learned Magistrate for passing order afresh for reconsidering the provision of taking cognizance of offences.