JUDGMENT :

Dr. D.P. Choudhury, J.

This is an application under Section 482, Cr.P.C. to quash the order of taking cognizance dated 5.10.2005 passed by the learned S.D.J.M., Cuttack in ICC Case No. 736 of 2005.

FACTS

2. The adumbrated facts leading to the case of prosecution is that on 22/23.06.2005 at about 12.15 A.M., the complainant found a police jeep being parked outside gate of her house wherein petitioner no.1 was sitting in the driver’s seat and all other petitioners were standing close to the outer main gate of the complainant. Then the complainant asked for their visit to her house, but the petitioner no.1 instructed the other petitioners to make forcible entry into the house. The petitioner no.1 did not listen to her. Hearing her cry, her son Prafulla asked as to why she was crying. Before Prafulla came to know the reason, petitioner nos.2, 3 and 4 assaulted Prafulla and dragged him to the jeep after abusing him in filthy language. Petitioner nos.2 and 3 also assaulted Prafulla with fist blows and slaps. Then petitioner no.1 declared that he is under arrest. On being asked about the reason of arrest and giving some time to contact his lawyer, the petitioners forcibly carried P