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1993 Supreme(Ori) 100

LINGARAJA RATH
BHARAT RANJAN MISRA – Appellant
Versus
SHYAM SUNDER AGRAWAL – Respondent


Advocates Appeared:
B.K.NAYAK, N.C.PANIGRAHI

LINGARAJA RATH, J.


( 1 ) THE petitioner who was an Additional Commercial Tax Officer has filed this application seeking quashing of cognizance taken and direction issued for issue of process against him for commission of offences under Sections 294 and 506, IPC alleged in a complaint filed by the opposite party. The complaint was filed on 30-9-1989 with the averments that the complainant is a businessman of repute and goodwill having business at Kasinga. On 19-9-1989 the accused persons including the petitioner came to his business premises and verified the books of accounts but did not find there any defect or mistake. After the verification the accused persons who besides the petitioner, were the Inspector of Commercial Tax and the Inspector of Investigation Wing, demanded illegal gratification of Rs. 5,000/. Since the opposite party did not oblige them and protested demand, they got annoyed and scolded him in obscene language. The opposite party protested such highhanded action and uncivilised behaviour and asked them to leave the mill premises. They left the mill premises giving him threat of getting him imprisoned. On such complaint, the learned Magistrate, after recording the







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