Research › Search › Judgment

Orissa High Court · body

2007 DIGILAW 920 (ORI)

SMITARANJAN PATNAIK v. STATE OF ORISSA

2007-12-12

M.M.DAS

body2007
JUDGMENT : M.M. Das, J. - Learned Counsel for the parties are present. 2. Though notice in this case has not been issued, on the request of the parties, the matter is taken up for final disposal. 3. An unfortunate incident happened on 26.6.2007 while a meeting of the Cuttack Bar Association was being held. The said Cuttack Bar Association is one of the oldest Bar Associations in the State, which has a long heritage of eminent lawyers and Jurists, who were its members in the past. It appears from the records that some untoward incidents happened in course of the General Body Meeting of the said Bar Association on the aforesaid date resulting, in two F.I. Rs. being lodged, one by the Secretary of the said Bar Association and another by an ex-secretary of the said Bar Association. The FIR lodged the ex-Secretary, who is the Opp. Party No. 2 in this petition was registered as Lalbag P.S. Case No. 34 of 2007 corresponding to G.R. Case No. 217 of 2007 pending before the Learned S.D.J.M. (S) Cuttack. By an Order Dated 30.10.2007, the Learned S.D.J.M. has taken cognizance of the offences under Sections 341/323/294/506/34 Indian Penal Code on the charge sheet submitted by the police. In the charge sheet, the accused persons i.e. the Petitioners, who are practising advocates of this Court were shown as absconders. 4. Subsequent to the said meeting, to bring back unity amongst the members of the Bar Association, a Special General Body Meeting was held on 21.3.2007 in the Bar Association Hall after giving due notice to the members. Learned Counsel for the parties point out that in the said Special General Body Meeting, a resolution has been taken to the following effect: (1) The penalty imposed on Sri Jameswar Das, Sri Arupananda Das, Sri Avina Ch. Deo, Sri Pradeep Kumar Dash and Sri Himansu Mangaraj is waived and accordingly that part of the General Body resolution dated 26.2.2007 is revoked. (2) The concerned member/members shall take immediate steps for withdrawal of his/their respective F.I.R.lodged at the Lalbag P.S. relating to the occurrence in the General Body Meeting of the Association held on 26.2.2007 or for countermanding the effect of the F.I. Rs. in accordance with law. (2) The concerned member/members shall take immediate steps for withdrawal of his/their respective F.I.R.lodged at the Lalbag P.S. relating to the occurrence in the General Body Meeting of the Association held on 26.2.2007 or for countermanding the effect of the F.I. Rs. in accordance with law. (3) Any other complaint lodged by any member/members of the Association before any public authority or investing agency relating to any affair of the Association shall be withdrawn by the concerned member/members forthwith. 5. It is revealed from the record that the F.I.R. lodged by the present Petitioners against the Opp. Party No. 2 and Ors. has been registered as Lalbag P.S. Case No. 37 of 2007 where the Opp. Party No. 2 and four other advocates have been arrayed as accused persons. The said F.I.R. was also registered for commission of alleged offences under Sections 294/323/427/506/34 Indian Penal Code. 6. It is submitted at the Bar that as cognizance In G.R. Case No. 217 of 2007 has been taken for the various offences including Section 294 Indian Penal Code and the offence u/s 294 Indian Penal Code is not compoundable u/s 320 of the Code of Criminal Procedure, the Petitioners have sought for quashing the order of taking cognizance passed by the Learned S.D.J.M., Sadar, Cuttack on 30.10.2007 In the said G.R. Case No. 217 of 2007. 7. In view of the subsequent resolution of the Bar Association, where the dispute has been amicably settled and members have undertaken not to behave in any untoward manner during subsequent meetings and would maintain peace and harmony between them, this Court is of the view that after such resolution has been adopted by the members in the Special General Body Meeting, no fruitful purpose will be served in continuing the criminal proceedings, as continuance of the cases would be detriment to the interest of the parties and also would amount to an abuse of the process of the Court inasmuch as, in view of the subsequent resolution, there is no chance of recording a conviction in any of the two criminal cases. 8. 8. For the aforesaid reasons, by exercising the power u/s 482 Code of Criminal Procedure, while quashing the Order Dated 30.10.2007 passed by the Learned S.D.J.M., Sadar, Cuttack in G.R. Case No. 217 of 2007, this Court also quashes the said G.R. Case No. 217 of 2007 corresponding to Lalbag P.S. Case No. 34 of 2007 and the connected G.R. Case corresponding to Lalbag P.S. Case No. 37 of 2007. The Learned S.D.J.M., Sadar, Cuttack shall not proceed with either of the cases. The Crl. MC is accordingly disposed of.