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1996 Supreme(Ori) 36

R.K.DASH
SANTOSH KUMAR BHANJA – Appellant
Versus
DUKHISYAM PATTANAIK – Respondent


Advocates Appeared:
ASHOK PATRA, D.PATRA, DIPALI MOHAPATRA, P.K.Rout, S.K.PADHI

R. K. DASH, J.


( 1 ) THE petitioners. employees of the Forest Department by filling this case under Section 482 Cr. P. C. have sought to quash the cognizance of the offence taken by the learned S. D. J. M. , Athagarh under Section 353/34 I. P. C. in 1. C. C. No. 15 of 1994 filed by the Conservator of Forest, Angul, opposite party herein.

( 2 ) FOR resolution of the controversy and to appreciate the contentions raised at the Bar, it is necessary to have a glimpse on the facts adumbrated in the complaint. On the night of 15-7-1993 while the complainant-opposite party was performing patrol duty in the Athagarh Forest Division area found three trucks loaded with round timbers and firewood proceeding towards Cuttack. He signaled to stop those vehicles, but they did not so. He made a chase and apprehended them that the gate. To check those vehicles he sought the assistance of the petitioners who were on duty at the gate, but they did not pay any head. Ultimately he checked the vehicles alone in course of which a young man suddenly emerged with a motor-cycle and threatened to take away his life, if any action was taken in his clandestine timber business and so saying, he dragged him out






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