(1.) This application has been filed under article 226 of the Constitution of India for issuance of an appropriate writ, order or direction or a writ in the nature of certiorari for quashing the entire criminal proceedings in connection with Palkot PS Case No. 5 of 2002 which was registered under Ss. 17 and 18 of the Criminal Law (Amendment) Act and under Ss. 3, 4, 30(1), 21 and 22 of the Prevention of Terrorism Act, 2002 (hereinafter referred to as the Act'), and further prayed for issuance of an appropriate writ in the nature of mandamus directing the respondents not to proceed with the investigation as against the petitioner in the said case.
(2.) The prosecution case in brief as stated is that the Officer -in -Charge of Palkot Police Station received a telephonic message on 11.2.2002 that active members of M.C.C. (a banned organization) wearing Red T Shirt have been collecting money (Levy) from the people of Palkot Market for the last few days and on that day also, he had come to Palkot Market for the above purpose. But the person who gave message on telephone did not disclose his identity. Accordingly, the respondent No. 2 (Officer -in -Charge of Palkot Police Station) recorded the said information in the station diary and proceeded to Palkot Market with Police party for verification and noticed that a boy wearing red T Shirt became restless by seeing the police party and after chase he was apprehended. In presence of two independent witnesses, the apprehended person disclosed the name as Tilakman Sahu. He confessed that he was a member of M.C.C. Organisation. On search, a letter written by M.C.C. Area Commander, namely, Praveen Jee was recovered from his pocket. In the said letter, 10% levy was demanded from the contractor of anganbari, namely, Sudhir of Palkot and there was also threatening of committing his if the levy was not paid. A hand written poster of MCC was also found there. The said documents were seized in presence of the independent witnesses. The arrested persons also disclosed that the money collected was kept in the house of Govind Baraik. The respondent No. 2 along with the police party also proceeded to Village Murmkela. One person could be arrested on chase who disclosed his name as Shankar Lohra and he disclosed that for the last two days, the Area Commanders namely Praveen Jee, Sanjay Jee, Ajay Jee, Ranjan Jee and their group members, all armed with weapons were conducting meeting in the matter of realizing levy from the people.
(3.) On the basis of the disclosure of Tilakman Sahu/accused, the house of Govind Baraik was searched but he was found absent from the house. Shankar Lohra claimed that he used to give information to MCC about the activity of the police. They have also disclosed the name of other persons who are indulged in the activity of the MCC. As the MCC and its activities have been banned by the Government, as such the said two persons were arrested and the First Information Report was lodged against those two persons and other 18 unknown persons.