DUKHABANDHU SAHOO Vs. ANANT CHARAN NAIK AND STATE

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure (in short, "cr. P. C. ") filed by the petitioner with a prayer to quash the order of cognizance dated 18-6-2002 passed by learned S. D. J. M. Athamallik in I. C. C. No. 51 of 2001. Learned S. D. J. M. vide the impugned order has taken cognizance of the offences under Sections 408/427/506 of the indian Penal Code (in short, "i. P. C") and issued process against the petitioner.

(2.) THE facts relevant for disposal of the petition are as follows : the opp. party No. 1, a Sanitary Inspector under the Govt. of Orissa in the Health department superannuated from his service on 31-5-1998, while working under the Sub-Divisional Medical Officer (in short, "s. D. M. O. "), Athamallik. The petitioner by then was working as a Senior Assistant in the Office of the said S. D. M. O. , Athamallik and was in-charge of preparation of pension papers of the staff working in the said Office. It is the case of opp. party No. 1 that though he superannuated from his service, but the petitioner did not take any step for preparation of his pension papers and despatching the same to the higher authorities for sanction of the pension and also other retiral benefits. When opp. party No. 1 requested the petitioner to prepare his pension papers, the petitioner said to have demanded illegal gratification of Rs. 2,000/-and did not prepare the same. The opp. party no. 1 thereafter intimated the matter to the authorities in the Department and also filed a complaint case in the Court of learned s. D. J. M. , Athamallik. On the direction of learned S. D. J. M. , Athamallik under Section 156 (3), Cr. P. C. the said complaint was treated as an FIR and Athamallik P. S. Case no. 9 of 2002 was registered for offences under Sections 427/408/506, IPC which corresponds to G. R. Case No. 27 of 2002. On completion of investigation, the Police submitted a final report. Thereafter, on protest of the opp. party No. 1, the complaint case in question has been registered, he has been examined u/s. 200, Cr. P. C. So also the learned S. D. J. M. , Athamallik has conducted enquiry u/s. 202, Cr. P. C. and taken cognizance of the offences u/ss. 408/427/506, IPC against the petitioner and issued process for his appearance, which has been impugned in this case.

(3.) MR. P. P. Ray, learned counsel appearing for the petitioner submits that there being no material to constitute offences u/ss. 408/427/506, IPC the impugned order of cognizance and the consequential order of issuance of process against the petitioner is an abuse of the process of law and as such, the same is liable to be quashed.