LAWS(ORI)-1999-1-20

TRINATH SETHI Vs. STATE OF ORISSA

Decided On January 08, 1999
TRINATH SETHI Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) In this application Under Section 482 of the Criminal Procedure Code, 1973 (in short, 'the Code') petitioners have prayed to quash the order dated 30.9.1997 passed by learned S.D.J.M., Berhampur in G.R. Case No. 506 of 1997 where petitioners are the accused persons and opposite party No. 2 is the informant and opposite party No. 1 the State of Orissa is the Complainant/Prosecutor.

(2.) PETITIONERS and opposite party No. 2 are the employees under the Telecom Department and by 2.5.1997 all of them were posted at Berhampur. Opposite party No. 2 lodged FIR alleging that in the night of 2.5.1977 while he was on duty inside the Exchange, petitioners came and picked up quarrel with him. He sent intimation to his sister, a co - employee, who arrived there with their nephew and petitioners in furtherance of that quarrel assaulted opposite party No. 2, his sister and nephew and in that process also outraged the modesty of his sister. The said FIR led to registration of G.R. Case No. 406 of 1977. On completion of investigation final form (charge -sheet) for the offence Under Section 323, IPC was filed by the Investigating Officer on the ground that during the course of investigation he found that independent witnesses stated about the quarrel, but except the complainant party none else stated about the assault and outraging of the modesty and that Doctor has given his opinion that the injuries found were simple. On receipt of the aforesaid charge -sheet on 11.8.1997 till the date of passing of impugned order on 30.9.1997 the order -sheets reads as hereunder : 'Order No. 2. dt. 11.8.1997 The record is put up today. FF Non -Cog. Under Section 323, IPC is received from the I.O. along with CDs. and other connected papers. Perused the documents of the case. Issue notice to the complt (T) IIC B. Town P.S. for I.O. to file protest petition against the FF if he desires to do so in this Court by 22.8.1997. Put up on the date fixed. Order No. 3. dated 22.8.1997 S.R. not back. Issue fresh notice to the complainant by UCP fixing to 5.9.1997.. Order No. 4. dated 5.9.1997 No step is taken against the FFP.O. is on transfer. Put up on 30.9.1997 before P.O. further orders. Order No. 5. dated 30.9.1997 The record is put up today FF non -cog. Under Section 323, IPC submitted by Police is not accepted cognizance of offences Under Section 451/323/506/354/34, IPC is taken against the accused persons (1) Trinath Sethi - 49 S/o. Sima Sethi of Golanthara P.S. Golanthara (2) Simadri Behera - 50, S/o. Bipina Behera of Chatrapur Gilt Peta Sahi P.S. Chatrapur (3) M. Subhramayam - 54 S/o. M. Satyanarayan of Chatrapur P.S .Chatrapur all are now Supervisor of Telephone Bhaban Berhampur P.S. B. Town,Dist. Ganjam Office to prepare the copies of P.P. Issue summons to the accused persons fixing to 21.1.1998 for their appearance put up on the date fixed.'

(3.) IT was argued by the learned counsel for the petitioners that the above quoted order of congizance against the present petitioners in G.R. Case No. 406 of 1997 is illegal and non -sustainable because; (i) after investigation the I.O. has submitted charge -sheet for the offence Under Section 323, IPC and inspite of issue of notice no protest petition or complaint petition has been filed by the opposite party No. 2 challenging correctness of the aforesaid charge -sheet, and (ii) without assigning any reason, learned S.D.J.M. has not accepted the charge -sheet for the offence Under Section 323, IPC and has taken cognizance of the offences Under Sections 451/506/354/34, IPC, besides the offence Under Section 323/34, IPC.