JUDGMENT :

B.K. Nayak, J.

In this application under Section 482, Cr.P.C., the petitioners have prayed for quashing the order dated 05.01.2011 passed by the learned S.D.J.M. Bargain in I.C.C. Case No. 53 of 2009 taking cognizance of offence under Sections 457, 354, 323, 294, 379, 506, 34 of the I.P.C. and directing issuance of process against them.

2. Opposite Party No.2-complainant filed I.C.C. Case No. 53 of 2009 against the petitioners and one Jagadish Naik. The petitioners were the Sub-Inspectors of Police of Bargarh Town Police Station on the alleged date of occurrence, i.e. on 24.08.2009. It is alleged in the complaint petition that on the date of occurrence at about 12.30 A.M., the accused persons along with some others came by two vehicles and called the name of complainant's husband, Narayan Meher and commanded for opening the door of the house. The complainant's husband was absent since two days and the complainant without opening the door came down to the ground floor, woke up her in-laws and saw that the accused persons had climbed on the Khappar (tile roof) of her boundary wall and been shouting for opening the door. In the meantime petitioner No. 1 broke the Tin Gate of western side of the house and petitioner No. 2 along with other accused persons rushed to the house of the complainant. Petitioner No. 1 pushed the complainant and tied her hands with her saree and abused her in filthy language. On the asking of the complainant the petitioners gave their identity and disclosed that they had come for search of the articles which the complainant's husband had stolen. It is further alleged that petitioner No. 1 pushed the complainant, who fell down on the ground and some companion of the accused persons went to the first floor and searched there. On hearing the hullah the witnesses came to the spot and the accused persons left and while leaving threatened the complainant for withdrawal of the case initiated by her against Mr. Agarwal and his staff. Later the complainant found that her gold bangle from her right hand was missing. On going to the bed room in the up-stairs she found articles lying scattered and her purse was lying empty in which she had kept Rs.9,500/-. It was further alleged that she had lodged report at Bheden Police Station about such occurrence and subsequently reported the matter to the Superintendent of Police, Bargarh, but no action was taken.

3. On consideration of the allegations in the complaint petition and the statements of the complainant and witnesses recorded during enquiry, the learned S.D.J.M., Bargarh took cognizance of the offences as aforesaid by the impugned order.

4. Learned Counsel for the petitioners submits that one Pramod Kumar Agarwal, who deals in grocery business had lodged an F.I.R. at Bargarh Police Station giving rise to Bargarh Town P.S. Case No. 265 of 2009 against the husband of the present complainant-opposite party No. 2 and another person of having cheated the informant therein of Rs. 54.00 lakhs by fraudulent transaction from the month of September, 2008. The present complainant's husband was purchasing grocery articles from the informant's shop for his own business and being in collusion with some staff of the informant had not paid for the articles worth Rs.54.00 lakhs and with the help of the informant's staff made false entries in the computer showing payment. The matter being brought to the notice of the present complainant's husband he admitted that along with Subash Nila he had misappropriated the grocery articles. Subsequently he returned grocery articles worth Rs.3,50,000/- and paid a cash of Rs.1,70,000/- for the purpose of amicable settlement, the informant Mr. Agarwal agreed to receive a further a sum of Rs.18.00 lakhs from the present complainant's husband who agreed to pay the same by 07.02.2009. To that effect he executed an agreement dated 17.01.2009 but did not pay anything. In connection with investigation of the said case, the petitioners left for the