BIJAYA KUMAR MALLICK Vs. RABINARAYAN LENKA

JUDGEMENT

(1.) Heard Mr. Debasis Pattnaik, learned counsel for the petitioner and Mr. B. S. Dasparida, learned counsel for the opposite party.

(2.) The petitioner Bijaya Kumar Mallick has filed this application under section 482 of the Code Criminal Procedure challenging the impugned orders dated 07.09.2004 as well as 04.01.2005 passed by the learned Sub-divisional Judicial Magistrate, Dhenkanal in I.C.C. No.99 of 2004. In the impugned order dated 07.09.2004, the learned S.D.J.M., Dhenkanal on perusal of the complaint petition, statements of the complainant and the witnesses examined by the complainant-opposite party during inquiry under section 202 of Crimial P.C. found prima facie case punishable under sections 294, 448, 457, 395, 354, 506 read with section 34 of the Indian Penal Code and accordingly, issued non-bailable warrant of arrest against the petitioner and in the impugned order dated 04.01.2005, the learned Magistrate has rejected the petition filed by the petitioner for recalling the order of taking cognizance.

(3.) The opposite party Rabinarayan Lenka filed a complaint petition on 07.07.2004 in the Court of learned S.D.J.M., Dhenkanal against the petitioner and others for commission of offences under sections 294, 427, 448, 457, 379, 395, 354, 506 read with section 34 of the Indian Penal Code. It is the case of the opposite party-complainant that one Brahmananda Lenka, the nephew of the complainant fell in love with one Puspalata Swain and both of them went to Cuttack and married there according to Hindu rites and customs and relating to such incident, on 11.02.2004 at about 2.00 to 4.00 p.m., all the accused persons being headed by petitioner in furtherance of their common intention forcibly entered inside the house of the complainant as well as his brothers by breaking open the doors. The petitioner asked the brother of the complainant regarding the whereabouts of Brahmananda Lenka and when the brother of the complainant expressed his ignorance, the petitioner assaulted him and trampled over him for which he sustained fracture in his leg. Thereafter, all the accused persons abused the female members of the family of the complainant and his brothers in obscene languages and outraged their modesty and threatened to kill the complainant and his family members. The accused persons were armed with deadly weapons for which the complainant as well as his family members could not dare to raise their voice. Thereafter, the accused persons damaged the household articles of the complainant and his family members and took away paddy crops, utensils and many household articles etc. It is further stated in the complaint petition that out of fear, all the family members of the complainant and his brothers went to Cuttack and stayed there. The complainant communicated the incident to the higher police officers but nobody paid any heed to it rather a false case was foisted against the complainant and his family members and after being released on anticipatory bail in the said case, the complainant and his family members requested to different authorities of the police department for taking necessary action against the accused persons and for recovery of the stolen articles but no fruitful result came out for which the complaint petition was filed.