S.K.MOHANTY
D. P. JOSHI – Appellant
Versus
STATE OF ORISSA – Respondent
S. K. MOHANTY, J.
( 1 ) THIS revision by accused is directed against order dated 29. 7. 1992 passed by the S. DJ. M. , Talcher, refusing to drop the criminal case for want of sanction, under section 197 (2) of the Code of Criminal Procedure. Prayer is to quash the criminal proceeding.
( 2 ) THE facts leading to this revision may not be stated. On 25. 1. 1989 one Sambhunath Sahu lodged an F. I. R. at Kanika Police Station that at 2 p. m. that day while he was going to the plant site for duty, two Central Intelligence Security Force (C. I. S. E.) Security men stopped him at the gate and assaulted him by means of lathi injuring him thereby. The police registered a case under sections 341 and 323, LP. C. but ultimately submitted final report narrating the results of investigation as follows: The informant was working under M/s. L. and T. (a construction company) and was going inside the N. T. P. S. plant through the eastern gale when one C. I. S. F. Constable obstructed him and asked him to show the gate pass. He could not produce the same and picked up quarrel and even abused the Constable in obscene language whereupon the Head Constable D. P. Joshi (petitioner) gave two lathi blows
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