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2010 DIGILAW 181 (ORI)

Debasis Nanda v. State of Orissa

2010-03-18

I.MAHANTY

body2010
ORDER Heard Mr. R.K. Panda, Learned Counsel for the Petitioner & Learned Addl. Standing Counsel for the State. This application has been filed under Section 482 Cr.P.C. with a prayer to quash the proceeding initiated under Sections 147, 148, 336, 337, 436, 149 I.P.C. & under Sec. 7 Crl. L.A. Act in G.R. Case No. 1270 of 1990 pending in the Court of Learned S.D.J.M.,(S), Cuttack. It is submitted by the Learned Counsel for the Petitioner that in the year 1989-90 there was an agitation against the Mandal Commission Report and the Petitioner was a student of Ravenshaw College, had participated in the said agitation and along with several other students for which the aforesaid criminal prosecution was initiated against him. It is also submitted that most of the students agitators of that time have in the meantime established themselves in the society as Doctors, Engineers, Lecturers & Advocates etc. It is unfortunate that the criminal prosecution initiated in the background indicated above are being allowed to continue till now i.e., for more than a decade. Mr. Panda, Learned Counsel for appearing on behalf of the Petitioner placing reliance on a decision of this Court in P. Chiranjiv v. Principal M.K.C.G. Medical College, Berhampur and Anr.: 47 (1979) CLT 126, submitted that in view of the long pendency of the proceeding, the fact that the alleged agitator, took place in the year 1989-90 and under misconception it was so initiated, further continuance of such proceeding would not be proper. In my view, this is a fit case where the State should have requested to the Trial Court for withdrawal of such prosecution. It is also submitted at the Bar that hundreds of such cases were filed throughout the State in which the student of that time were involved in the agitators against the Report of Mandal Commis¬sion. Those cases are still pending. It is stated that in respect of similar cases in the district of Kendrapara. Government have taken a decision to withdraw all such cases of the said district. It is submitted by the Learned Addl. Standing that the he will advise his client the necessity of withdrawing the similar prosecutions which are pending since long throughout the State. The submission of Learned Addl. Standing counsel is very much appreciated. It may be stated that in similar circumstances in Crl. Misc. It is submitted by the Learned Addl. Standing that the he will advise his client the necessity of withdrawing the similar prosecutions which are pending since long throughout the State. The submission of Learned Addl. Standing counsel is very much appreciated. It may be stated that in similar circumstances in Crl. Misc. Case No. 7292 of 2001 (Bibhuprasad Tripathy v. State of Orissa) disposed of on 20.09.2001 this Court had directed that the State shall take appropriate steps forthwith if not yet taken to drop similar such prosecutions initiated against the person, who were involved in the agitation against Mandal Commission Report, unless any of such cases involves the allegations of commission of heinous crime. In the instant case, as I find, no useful purpose be served if the criminal prosecution against the Petitioner arising out of the said agitation is allowed to still remain pending after about 19 years. In the result, the prosecution initiated against the Peti¬tioner in G.R. Case No. 1270/1990 pending in the Court of S.D.J.M.(S), Cuttack is hereby quashed. The CRLMC disposed of accordingly. CRLMC disposed of.