KALI CHARAN MOHAPATRA Vs. SRINIVAS SAHU

JUDGEMENT

(1.) This is a revision for quashing a criminal proceeding under Section 505 I. P. C. initiated by the Sub-divisional Magistrate of Talcher against the petitioner and some other persons.

(2.) On 5-5-58 one Srinivas Sahu who is said to be the Sarbarakar of Talcher Town filed a complaint before the Sub-divisional Magistrate against one Sri Dibakar Misra alleging that the latter had distributed copies of a printed pamphlet at various places in Talcher town on 13-4-1958 with the intention of inciting the general public of Talcher Town against the Government Officials stationed at that place and against some of the political parties and also some lawyers. The Sub-Divisional Magistrate, after examining the complainant on solemn affirmation, summoned the said Dibakar Misra, under Section 505 I. P. C. The case proceeded against the said Dibakar Misra in due course and Srinivas Sahu was also examined as P. W. 1 on 10-10-1958. The original manuscript from which the pamphlet was printed was also proved before the court as Ext. 4 and, on seeing the same the learned Magistrate found that Sachidananda Das and one Kalicharan Mohapatra were signatories to the pamphlet. He therefore, directed the issue of summons on those two persons also under Section 505 I, P. C. Kalicharan Mohapatra challenged the legality of the proceeding, but neither Dibakar Misra nor Sachidananda Das cared to join in this revision petition. But I called for the records of the case and perused the same and am satisfied that the initiation of a criminal proceeding against all these persons for an offence under Section 505 I. P. C. is misconceived and should be quashed.

(3.) An English translation of the offending pamphlet is given below: "An Appeal to the Brothers and Sisters of Talcher Town." "At present the local officials are carrying an autocratic ride in Talcher Town on the pattern of despotic regime. The situation is such that nobody can dare to raise his voice against it. Some political parties are lending support to this action of the officials and are thus putting the knife on the necks of the residents of Talcher Town. In order to stabilise the mis-deeds of the Ruling Officials some legal officers have joined hands with the intelligent businessmen and with their support are influencing the officials to perpetuate the misrule. It is for this act that the construction of big roads and ferry ghats have been stopped. In case of objection, assurance is being given that the works will be constructed. Previously, the roads used by the officials as also the market places were being drenched with water, carried on the head, just to please the officials. Even now the roads are being drenched in the same process in spite of purchase of water carriages. In the roads or Patna, no water is being thrown even if they are dusty and they have become the cause of diseases. In case of complaint it was told previously that the streets would b" watered after the purchase of water carriages. This is not all. In Patna and other places tho debris from dust-bins is being removed after the same gets decomposed. The construction of the roof of the slaughter house is not being completed and the same is not being put to use. Last month the Harijan Bastee in the town and six houses fa Kamarasala Sahi were burnt down by fire and these families are troubled in the hot sun but no help being rendered to these families. The people are being intentionally kept in the dark. Besides house tax, other new taxes are being levied. But, apart from this, the introduction of many new taxes is also under contemplation. There is no provision for protection of public health. Although the town is at present infested with fever and other contagious diseases, and mos-quittoes are giving trouble; there is no spraying of D. D. T. nor any other preventive measure. Even though there is acute scarcity of wat(sic) no atten- tion is being paid for making provision for supply of pipe water or to reexcavate the wells. Although it has been notified by Govt. that the Notified Area Council will be the owner or the hats, the hats have been auctioned out on lesser amounts in order to over-burden the tax-payers. In spite of this, the Hat dandidars (auction purchasers) are realising higher rates of tax. In such, circumstances we consider it proper to alert the town dwellers of Talcher and request them to attend the General meeting to be held at 5 P. M. on Monday at Mid Patna Deula compound."