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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11179 of 2023

Sanjaya Rana

…..

Petitioner

Mr. S.K. Dwibedi, Adv.

Vs.

State of Odisha

…..

Opp. Party

Mr. S.S. Pradhan, A.G.A.

CORAM:

JUSTICE SAVITRI RATHO

ORDER

13.10.2023

Order No.

01.

(Through hybrid mode)

1. This application under Section 439 of Cr.P.C. has been filed

in connection with Phiringia P.S. Case No. 135 of 2023

corresponding to C.T. Case No. 550 of 2023 pending in the court of

learned S.D.J.M., Phulbani under Sections 147, 148, 341, 323, 324,

325, 452, 435, 436, 395, 332, 353, 307, 506, 120 (B), 201, 109, 149

of IPC read with Sections 25 and 27 of the Arms Act, read with

Section 4 of the PDPP Act and read with Section 7 of the Criminal

Law Amendment Act.

2. The allegations in brief as per the F.I.R. lodged by one Tapan

Kumar Nahak, IIC of Phiringia P.S. is that on 05.08.2023 at about

12 P.M. the villagers of Panga, Sadingia, Bhrungijodi, Nuapadar,

Sripalla, Kekringia, Pabingia, Kelapada, Kasinipadar, Katapanga,

Majhipada, Kalipanga, Talapada, Uparapada, Tandrigaon, Mala and

other nearby villages arrived near Daringbadi Hotel and Indira

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Gandhi chhak in 3 buses and some autorickshaws under the

leadership of (1) Bighnaraj Behera (2) Muna @ Dibyaranjan

Kanhar both s/o-Gunduri Kanhar of village Similisahi (3) Rushia

Digal of Talapada (4) Kishore Digal (5) Ananta Digal both are of

Khajuripda (6) Balakrushna Kanhar, s/o- Pama Kanhar of

Pandepada (Malla), (7) Mukunda Kanhar of Kui Samaj Sabhapati,

Dimiriguda, (8) Biranchi Mallick of Samiti Sabhya of Ratanga GP,

(9) Ajit Sahu, Samiti Sabhya of Balandapada-cum-Vice Chairman

of Phiringia block, (10) Bhabani Sankar Kanhar, Nuapadar

Sarpanch, (11) Asia Kanhar Brungijodi Sarpanch, (12) Mousumi

Kanhar, Samiti Sabhya of Phiringia, (13) Bairangi Kanhar, Samiti

Sabhya of Kelapada, (14) Upendra Kanhar of bandadani (Ex ward

member), (15) Lasana Kanhar of village Sadingia (Sarpanch), (16)

Susanta Kanhar of Panga (Upar Panga Sarpanch), S/o- Misi Kanhar

of village Talamalla, (17) Bishnu Kanhar of village Panga (Ex

Sarpanch), (18) Jalandhar Kanhar, Sarpanch of Phiringia, (19)

Biswanath Digal of Uparapada, (20) Raghupati Kanhar of village

Dimiriguda, (21) Basanta Kanhar of Uparapada, (22) Bhudeb

Kanhar, both are of Tandrigaon along with their other associates (43

other persons have been named) along with 300 others cut down

trees and blocked the State Highway No.-I and obstructed free flow

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of traffic. When the SDPO and Executive Magistrate along with

police staff and force proceeded to dissuade and disperse the mob

from blocking the road and asked them to vacate the road and allow

free flow of traffic, they put forth their demands that Phiringia

police staff were conducting frequent raids and apprehending

innocent persons with contraband ganja, which should be

immediately stopped. Inspite of being assured that immediate

disciplinary action would be taken against the alleged culprits, one

but petitioner Bighnaraj Behera took up the microphone and

instigated the others saying the assurances were false. He gave a

provocative speech for which public gathered at the spot and law

and order situation arose. Under the leadership of Bapi @ Biswa

Ranjan Kanhar the mob started pelting stones and assaulting the

police staff, Executive Magistrate and the SDPO as a result of

which the SDPO, Suprasana Mallick, SI Bikas Kumar Jalli and ASI,

Srikanta Patra sustained injuries on their persons. The officers were

chased by the mob and assaulted. The SDPO fainted and fell down.

When the SDPO was being taken to the police station, the mob

barged into the police station and damaged govt. property and

looted valuable properties like Computers, its accessories, Laptops,

LCD, Documents, Exhibits - ganja, seized fire arms, seized motor

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cycles and also set fire inside the police station building and

Malkh