NIRANJAN DAS Vs. GIRDHARI DASAND

JUDGEMENT

(1.) This Criminal Misc. Case is directed against the order dated 21-3-1988 passed by Sri A.C. Patnaik, Sub-divisional Judicial Magistrate, Balasore, in I.C.C. Case No. 432 of 1987 taking cognizance under Section 395, I.P.C.

(2.) The prosecution case appears to be that the complainant alleged that he raised the paddy in question and the accused persons numbering more than five came in a body and cut the paddy and took away the same. It also transpires from the evidence of the witnesses that when the complainant protested, accused Niranjan pushed him and as a result of that the complainant fell down. On these facts, the cognizance has been taken under Section 395, I.P.C.

(3.) The learned advocate for the petitioners argued that the taking of cognizance under Section 395, I.P.C. in the circumstances of the case is unwarranted and improper. There is much force in the contention of the learned advocate for the petitioners.