ORISSA HIGH COURT
SRICHARAN MOHANTY – Appellant
Versus
BHIKARI MALLIK – Respondent
CRLMC No.1902 of 2010
08. 31.07.2017 Heard learned counsel for the petitioner. None
appears for the opposite party-complainant.
This CRLMC has been filed by the petitioner to quash the order dated 0
2.03.2009 passed in I.C.C. No.58 of 2008 by the learned J.M.F.C., Pattamundai taking cognizanc
e of offences punishable under Sections 294/ 323 of the I.P.C.
As it appears from the allegation that the opposite party-complainant
had been to the police station to report against one Nabaghana Mallik and Braja Das. As no act
ion was taken on the same, the opposite party-complainant further had been to the police stati
on on 02.04.2008 to enquire about the status of the report. It is alleged in the complaint pet
ition that the petitioner-the A.S.I. of Rajkanika P.S. was present there and at that time the
petitioner stated to have abused in filthy language and criminally intimidated and also assaul
ted him. On receipt of such complaint, statement of the opposite party-complainant and his wit
nesses were recorded and pursuant to the same, the trial court appears to have proceeded again
st the petitione
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