- (1.)THIS is a petition under Articles 226 and 227 of the Constitution of India read with Section 482, Cr. P. C. , for quashing the charges against the petitioners for offences under Sections 395 and 148 of the Indian Penal Code in Sessions Trial no. 12-B/11-75 in the court of the Sessions Judge, Balangir-Kalahandi.
(2.)PETITIONERS were committed for sessions trial for offences under Sections 395 and 148 I. P. C. along with other sections of the Indian Penal Code. In the sessions court, charges have been framed against them under Sections 395 and 148 T. P. C. Legality of the charges framed by the Assistant Sessions Judge, sonepur has been challenged in this writ petition.
(3.)A fireman in charge of Birmaharajpur Fire Station lodged first infortion report that the fire brigade personnel were occupying a house belonging to petitioners 1 and 2. They were forcibly driven out of the house by the petitioners under threat end coercion and their belongings were removed. It is further contended that they were also assaulted by the petitioners. The petitioners were heard at length at the time of framing of charges by the Assistant Sessions Judge, After hearing counsel for both sides, the learned Assistant Sessions Judge discussed the contentions raised by the prosecution as well as by the petitioners and framed charges against the petitioners under Sections 395 and 148 I. P. C. as he found there was prima facie case against them. In this Court, it is contended that there are no materials on record to support such charges and the learned Assistant Sessions Judge is wrong in framing such charges. In the first information report it is contended that the informant as well as other persons of the fire-brigade were threatened to vacate the house and out of fear they had to leave the house and take away their articles. Even in spite of request by them that some time should be allowed to them to find out a shelter, petitioner No. 1 did not listen to it and about 200 people surrounded the occupants and forced them to leave the place. Statements of talim Mohammad, Gopal Chandra Miajhi, Dayanidhi Sahu, Gobardhan Bag, parsuram Swain, Niranjan Sahu, Bidyadhar Sahu, Kshetra Mohan Pradhan, bairagi Nayak and Balabhadra Sethi recorded under Section 161 Cr. P. C. , copies of which have been supplied to us, reveal that all these ten witnesses have categorically stated that under threat and coercion they had to vacate the house and petitioners 1 and 2 took forcible possession of the house and the belongings of the persons in occupation of the house had to be removed under fear and threat. The learned Assistant Sessions Judge, after going through the statements recorded under Section 161 Cr. P. C. has come to the conclusion that the petitioners forcibly took delivery of the room by putting the fire station staff in fear of instant hurt or instant death or instant wrongful restraint to them and, therefore, the fire station staff so put in fear delivered the room then and there. He has further held that from the statements recorded under Section 161 Cr. P. C. as well as from the F. I. R. and the supervision note of the Dy. S. P. it appears that the petitioners put the fire station staff in fear of injury, instant hurt or death to deliver the house and, as such, a prima facie case has been made out against the petitioners under Ss. 395 and 146, I. P. C. The learned Assistant sessions Judge has also found that at this stage he has only to see if a prima facie case has been made out from the materials available from police papers against the petitioners and he was satisfied that there are sufficient materials on record against the petitioners to frame charges under Sections 395 and 148 i. P. C.