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2018 DIGILAW 246 (ORI)

Bala Krushna Sahoo v. State Of Orissa

2018-03-12

S.K.SAHOO

body2018
JUDGMENT ORDER S.K. Sahoo, J. - The petitioners in this application under section 482 Cr.P.C., 1973 have challenged the impugned order dated 10.07.2003 passed by the learned S.D.J.M., Balliguda in taking cognizance of the offences under sections 147/148/341/325/294/506/149 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter "SC/ST (PA) Act"). 2. It is the case of the prosecution as per the first information report lodged by Bhibhaban Mallick of village Katapadi that on 12.03.2003 at about 5.00 p.m. while he was proceeding on the village road, at that point of time the petitioners along with others came there in two motorcycles being armed with lathi abused him in filthy language and assaulted him by lathi on his head and hand. The petitioner no. 3 brought a cycle chain from the dickey of the motorcycle and assaulted the informant. Due to such assault, the informant fell down on the ground and shouted for which persons of the locality came there and seeing them approaching towards the spot, the accused persons decamped. The informant was shifted to Baliguda Hospital and thereafter he lodged the first information report. 3. Learned counsel for the State placed the statement of the injured as well as the injury report of the informant. The injury report indicates that there was fracture of left side ulna which was opined to be grievous in nature and it was opined to have been caused by hard and blunt object. The learned counsel for the State submitted that the statements of witnesses clearly indicate as to how the petitioners participated in the crime and assaulted the injured-informant which is corroborated by the medical evidence and the ingredients of the offences are made out and therefore, there is no illegality or impropriety in the impugned order of taking cognizance. 4. After going through the first information report as well as the statements of the witnesses, it appears that though the informant was abused in filthy language for which cognizance of offence under section 294 of the Indian Penal Code has been taken, but there is no clinching material that he was intentionally insulted or intimidated by the petitioners with intent to humiliate him being a member of the Scheduled Tribe in any place within public view. Merely because the informant is 'Kandha' by caste which comes within Scheduled Tribe, automatically the ingredients of the offence under section 3(1)(x) of the SC/ST (PA) Act will not be attracted. In absence of prima facie materials to show that there has been intentional insult or intentional intimidation and that to humiliate the informant, a member of the Scheduled Tribe intentionally in any place within public view, I am of the considered view that the ingredients of the offence under section 3(1)(x) of the SC/ST (PA) Act are not made out and therefore, the order of taking cognizance of such offence is set aside. So far as the other offences i.e. 147/148/341/325/294/506/149 of the Indian Penal Code are concerned, I find no illegality or impropriety in the impugned order and the same stands confirmed. 5. With the aforesaid observation, the CRLMC application is disposed of.