KULAMANI KHATUA Vs. DARPA GANJAN PATTNAIK

JUDGEMENT

(1.) Heard Mr. K. Khatua, learned counsel for the petitioner and Mr. A.P. Bose learned counsel for the opposite party.

(2.) Prayer is made to quash the order dated 9.4.2015 (Annexure-7) passed by the S.D.J.M., Patnagarh in taking cognizance for the offence under section 500 of the Penal Code, 1860 in 1CC No. 60 of 2014 and proceeding against the present petitioner as an accused.

(3.) The case of the petitioner in short is that he was working as an Executive Officer in Patnagarh N.A.C., during the relevant period. The opposite party - complainant had occupied a slum quarters under N.A.C. As per decision of General Body of the N.A.C., the Executive Officer - petitioner issued notice on 26.5.2014, 1.7.2014 and 25.7.2014 asking the opposite party to vacate the said quarters vide Annexrs-1, 2 and 3. Also vide Annexure-4 on 18.8.2014 notice was given to the petitioner along with nine others as they had not vacated their respective quarters. The opposite party - complainant filed W.P.(C).12274 of 2014 in which order was passed on 21.8.2014 directing the petitioner to vacate the quarters by end of March, 2015 and till then not to take any coercive action against him.