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DORAISWAMY RAJU, ARIJIT PASAYAT
State of Orissa Through Kumar Raghvendra Singh – Appellant
Versus
Ganesh Chandra Jew – Respondent


Counsel for the Parties :
For the Appellants :Jana Kalyan Das, Advocate.
For the Respondent:Dr. Sumant Bhardwaj, Ms. Mridula Ray Bhardwaj, Advocates.

Judgment

Arijit Pasayat, J.—Appellants have questioned legality of judgment rendered by a learned Single Judge of the Orissa High Court rejecting the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). Background facts essentially are as follows:

2. Grievances were made against six officers of the Orissa State Forest Department, the present appellants by the respondent (described hereinafter as the ‘complainant’) alleging that they had falsely implicated him for offences under the Orissa Forest Act, 1972 ( in short ‘the Act’), the Wildlife Protection Act, 1972 (in short ‘the Wildlife Act’) and being not content with the illegal acts, and that they seriously assaulted him thereby committing offences punishable under Sections 341, 323, 325 , 506 and 386 read with Section 34 of the Indian Penal Code, 1860 (in short ‘the IPC’). They also publicly humiliated him. The appellants questioned legality of the proceedings instituted by the complainant in ICC case No. 45/91 in the Court of Sub-Divisional ­Judicial Magistrate, Baripada (in short ‘the S.D.J.M.’). Their primary stand was that the complaint was lodged as a counterblast and retaliatory measure

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