JUDGMENT :

B.R. SARANGI, J.

The petitioner, having been allegedly subjected to harassment, torture and humiliation by the Officer-in-Charge, Mahakalpada Police Station in connection with Mahakalpada P.S. Case No.57 of 1992 corresponding to G.R. Case No.558 of 1992 pending in the Court of the learned S.D.J.M., Kendrapara, even though his name was neither found placed in the FIR nor in the charge sheet, has approached this Court by filing the present application claiming for compensation.

2. The factual matrix of the case in hand is that on 03.06.1992, the then Presiding Officer of Ward No.11 and 12 (Bankichhanda) of Deulapara Gram Panchayat, who was on election duty, submitted a written information to the Election Officer, Mahakalapada stating inter alia that some people came inside the booth and forcibly took away the ballot papers etc., while the election was going on. Due to the said act, the election was affected and the same was postponed. On the basis of the said information, the Addl. Tahasildar, Marshaghai-cum-Election Officer, vide letter no.1668 dated 03.06.1992, lodged a written report before the OIC, Mahakalpada P.S. requesting to take necessary steps against the mischievous persons as per law. The said written report was treated as FIR and registered as Mahakalpada P.S. Case No.57 of 1992 under Sections 448/171-F/34, IPC. Accordingly, the prosecuting agency, after completion of investigation, submitted charge sheet on 30.06.1992, from which it reveals that Ranjit Samal, son of Raju Samal; Kumar Behera, son of Krutibash Behera; and Tukuna Behera son of Ekadasi Behera were involved in the said activities. On receipt of the charge-sheet, which was filed on 16.07.1992, the learned SDJM issued summons to the accused persons named in the charge sheet on 22.09.1992.

2.1 The OIC, Mahakalpada P.S. on four occasions called the petitioner to the police station and threatened to arrest him in connection with the aforesaid case disclosing that NBW has been issued against him. The petitioner tried to convince the OIC, Mahakalpada P.S. that he was no way connected with the case, as he is not Tukuna Behera son of Ekadasi Behera against whom the charge sheet has been submitted. On being threatened and as advised/suggested by the local police, the petitioner surrendered before the SDJM, Kendrapara in connection with the aforesaid case on 04.10.1997 and moved for bail. The learned SDJM, on perusal of the case record, came to the finding that the name of the petitioner did not find place in the charge sheet and his application seeking bail bears no consideration. Despite the order passed by learned SDJM on 04.10.1997 holding that the petitioner was no way connected in the aforesaid G.R. case, the local police arrested the petitioner in connection with the very same case and produced him before the learned SDJM on 16.12.1998 by showing him as Tukuna Behera. The learned SDJM, on perusal of the photo identity card, school leaving certificate and the admit card of Board of Secondary Education, Odisha, came to the conclusion that the name of the petitioner was Chittaranjan Behera, son of Niranjan Behera, but the local police failed to file any document to show that the petitioner is Tukuna Behera, and, accordingly, discharged the petitioner from the case directing the police to arrest the proper accused Tukuna Behera.

2.2 From order dated 10.08.2000 of the learned SDJM it reveals that the local police had clearly admitted before the court that no such accused Tukuna Behera, as per the charge sheet, was available and the said case was adjourned from time to time. When the matter stood thus, the local police, on the basis of the NBW issued by the learned SDJM, Kendrapara in the aforesaid case, again called the petitioner to the police station and threatened him to surrender before the learned SDJM by posing/identifying himself as Tukuna Behera keeping, in view the last Legislative Assembly Election which was scheduled to be held in the month of A