ARUN CHANDRA TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS CRLMC has been preferred under Section 482 of Cr.P.C. against the judgment and order dated 19.1.2007 passed by the Addl. Sessions Judge, Puri in Criminal Revision No.19/58 of 06/05 confirming the order of rejection of the petition filed under Section 197 of Cr.P.C. by the petitioner (Accused) in G.R. Case No.922 of 1995.

(2.) THE laconic fact giving rise to the present CRLMC is that Fakir Mohan Panda had let out his house on rent to Charan Jena @ Sahoo in the year 1983 but as no rent was paid for years together, he filed H.R.C. case No.17 of 1986 before the Court of S.D.J.M., Puri and won the case. The appeal preferred by Charan Jena having been dismissed, he filed a writ petition against the order of the Appellate Authority, in which, this Court ordered for his eviction from the house in question. Thereafter Fakir Mohan Panda filed Execution case No.37 of 1987 before the Court of Munsif, Puri praying for delivery of possession of the house in question through the police. The order was passed in his favour on 16.7.1993 and delivery of possession of the house was given to him by police assistance. After possession was delivered, on 20.7.1993 the present petitioner, Aruna Chandra Tripathy, who was working as A.S.I. of Town Police Station, Puri demanded bribe of Rs.5,000/ - from Fakir Mohan Panda and when he did not yield to such illegal demand, he threatened to book him in a false case. Fakir Mohan Panda reported it in writing to Superintendent of Police, Puri on 24.7.1993, who assured him to look into the matter. When the matter stood thus, on 30.9.1993 at about 1.30 P.M. Arun Chandra Tripathy (petitioner) along with B.P. Mohanty O.I.C., P.K. Mishra, S.I., J.N. Mantri, A.S.I. and B.B. Pattnaik, Havildar all of Town Police Station, Puri broke open the disputed house and gave possession of it to Charan Sahoo. When Fakir Mohan Panda, knew about it, he immediately ran to the spot, with the order of Executive Magistrate restraining Charan Sahoo from entering into the said house and served the said order to the police personnel, but to no avail. As he protested the unlawful act of the police personnel, A.S.I. J.N. Mantri abused him in filthy language and beat him and all other police personnel joined him and thereafter when he was being taken to the Police Station, on the way, they all assaulted him black and blue by means of stick and iron rod causing bleeding injuries. They took him to the hospital and after treatment, again took him to the Police Station and forwarded him under hand cuff to the Court of S.D.J.M., Puri where he was released on bail. On 12.10.1993 Fakir Mohan Panda sent a complaint against those police personnel by Registered post to the Superintendent of Police, Puri but no action was taken thereon. So, on 6.11.1993 he intimated the fact to the Director General of Police (Crimes) who on 7.7.1995 directed the O.I.C., Town Police Station, Puri to register a case on the basis of the complaint made by Shri Fakir Mohan Panda against those police personnel and the City Dy. S.P. was directed to supervise the case. Pursuant to that direction a case was registered under Sections 448 / 506 / 294 / 454 / 380 /341/342/323/34 of I.P.C. against the petitioner Arun Chandra Tripathy and other police officials. After conclusion of investigation; Charge Sheet was submitted under Sections 452/506/294/454/380/341/342/323/34 of I.P.C. where under cognizance was taken by the learned S.D.J.M. Puri on 6.12.1996 in G.R. case No.922 of 1995.

(3.) LEARNED counsel for the petitioner submitted that the finding of the Revisional Court that the petitioner was not commanded to the place of occurrence to maintain law and order is absolutely wrong. As per the supervision report of the Dy. S.P. Puri, the Executive Magistrate Puri (Shri P.C. Jogadia) restrained Fakir Mohan Panda from entering into the disputed house in Misc. Case No.570 of 1993. Pursuant to that order and being directed by S.I. B.P. Mohanty, OIC Town P.S. Puri, A.S.I. J.N. Mantri alongwith H.C. Braja Kishore Patnaik and H.C. Abdul Gani went to the spot to execute the said order. The order could not be executed since Fakir Mohan Panda and his two sons namely Kuna and Muna Panda manhandled Charan Sahoo @ Jena and the aforesaid police personnel. On getting the said information, S.I. S.K. Baliarsingh made S.D.E. No.894 dated 30.9.1993 at 12.00 noon and S.I. B.P. Mohanty, S.I. P.K. Mishra, A.S.I. A.C. Tripathy (petitioner) left for the spot and arrested Fakir Mohan Panda in Puri Town P.S. case No.239 of dated 30.9.1993 for the offence under Sections 332/307/34 of I.P.C. read with Section 27 of the Arms Act. It is also found from the supervision report that the house in question situates at Bali Sahi. The petitioner had been commanded vide Annexure -2 to go to that place to assist S.I. B.P. Mohanty in maintaining law and order there. So, it cannot be said, as held by Revisional Court that petitioner was not deployed to maintain law and order near the disputed house. I am one with the submission of learned counsel for the petitioner in this regard.