D.G.R. Patnaik, J. - (1.) DESPITE valid service of notice upon the Opposite Party No. 2, he has failed to appear either in person or through lawyer. The counsel for the State however is present.
(2.) HEARD counsel for the petitioners and counsel for the State. The petitioners, who are the forest officials have filed the instant application praying for quashing the order of cognizance as also the entire criminal prosecution which has been initiated against them following the impugned order of cognizance, for the offence under Sections 384, 420, 424, 426, 427, 120B and 149 of the Indian Penal Code.
(3.) THE brief facts of the case are as follows: The Opposite Party No. 2 filed a complaint petition before the court below on 02.07.2005 against the present petitioners on the allegations that the accused persons, being the forest officials, had illegally restrained the Tractor belonging to the complainant and the witnesses while the Khair wood obtained from the trees which were standing within the personal lands of the complainant and the witnesses, was being transported. Allegations of illegal detention of the vehicle of the complainant and the witnesses and of extortion were made against the accused persons by the complainant. On the basis of the averments contained in the complaint petition as also the statements of the complainant and the witnesses recorded on solemn affirmation, the learned Magistrate took cognizance for the aforementioned offence against the accused persons namely the present petitioners by his order dated 03.12.2005.;