DEBARAJ MISHRA Vs. JAGAMAHAN NAYAK

JUDGEMENT

(1.) Order dated 22-3-1994 of the Sessions Judge-cum-Special Judge, Kalahandi Nuapada at Bhawani Patna taking cognizance of offence under Sub-section (1)(v)(x)(xv) of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 punishable under Subsection (2)(vii) thereof read with Sections. 294,506 (11)134, I.P.C., Sections 500/323/354, IPC in I.C.C. No. 1 of 1994 and the subsequent order dated 26-9-1994 directing issue of summons to the petitioners and the subject-matter of: challenge in this application filed under Section 482 of the Code of Criminal Procedure.

(2.) There are two petitioners. Petitioner No.1 - Debaraj Mishra was the Tahasildar, Dharamgarh and Petitioner No.2 - Maheswari Prasad alias Maheswari Daswas the Executive Officer, Junagarh Notified Area Council, Junagarh at the relevant time. Opposite parties 1 and 2 are the complainants in the aforesaid I.C.C. No.1 of 1994 which was not only filed against the petitioners but also against the Sub-Collector. Dharamgarh. The learned Special Judge did not take cognizance and did not issue process against the Sub-Collector.

(3.) The gist of the complaint is that the petitioners and the Sub-Collector. Dharamgarh struck a reign of terror in Junagarh by illegally demolishing houses on the plea to widen and improve the roads. On 29-8-1994 at about 9 A.M. the accused persons (meaning the petitioners and the Sub- Collector) without any notice started demolishing number of houses in the area and after reaching the residence of opposite parties started demolishing its structures. The opposite parties tried to persuade them not to demolish their residential house as they had constructed the same long back and acquired right title and interest over the land by way of adverse possessions. The accused persons did not pay any heed to such request and instead, insulted them by abusing in filthy languages. The petitioners even inflicted kicks to the opp. patty No.2 and defamed her by stating that you all belong to Domba by caste and had no prestige in the society.