Pradeep Moharathy vs State of Odisha

S.C. Parija, J.

CRLMC No. 2801 of 2014 & Misc. Case No. 1985 of 2014

Heard learned counsel for the State.

This application under Section 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the petitioner in G.R. Case No. 1150 of 1982, arising out of Capital P.S. Case No. 419 of 1982, pending in the Court of learned S.D.J.M., Bhubaneswar, under Sections 143/358/506 I.P.C. and the order of cognizance passed therein.

The brief facts of the case is that the Addl. R.T.O., Puri, lodged a written report before the I.I.C., Capital Police Station, dated 10.06.1982, which was registered as Capital P.S. Case No. 419 of 1982, under Sections 143/506/353 I.P.C., alleging therein that while the informant along with other staffs were conducting checking of motor vehicles at Khandagiri crossing, the private bus owners including the present petitioner came in a body and obstructed the informant and other staffs from discouraging their official duty and abused them in filthy language. It was alleged that because of such action of the accused persons, the checking of vehicle had to be abandoned.

On completion of the investigation, police submitted charge-sheet against the petitioner and three others under Sections 143/358/506 I.P.C., cognizance of which was taken by the learned Magistrate vide order dated 23.02.1983.

Learned counsel for the petitioner submits that the allegations made in the impugned F.I.R. are false and fabricated and are omnibus in nature. It is submitted that as the informant and other staffs of R.T.O., Puri, were harassing the private bus operators and intentionally not checking the vehicles of the Orissa Road Transport (O.R.T.), they objected to such illegal and high handed action of the authorities. It is submitted that being aggrieved by such objection raised by the private bus operators, the impugned F.I.R. has been lodged.

Learned counsel for the petitioner submits that though the F.I.R. had been lodged as back as in June, 1982, and till date the trial of the case has not commenced. It is further submitted that the offence under Section 143 I.P.C., as has been charged, is not sustainable, inasmuch as, the charge-sheet has been submitted only against the four accused persons including the present petitioner. In this regard it is submitted that as the offence "unlawful assembly", defined under Section 141 I.P.C., requires assembly of five or more persons and admittedly in the instant case, only four persons have been charge-sheeted, including the present petitioner, the charge-sheet led for the commission of alleged offence under Section 143 I.P.C. cannot be sustained.

It is further submitted that as the allegations are vague and omnibus with regard to offence under Section 353/506 I.P.C. and in the meantime 33 years have elapsed, no useful purpose would be served by allowing continuance of criminal proceeding against the present petitioner, especially when the chances of his ultimate convictions are bleak.

Learned counsel for the State on instruction fairly submits that on the written report of the Addl. R.T.O., Puri, Capital P.S. Case No. 419, dated 10.06.1982, F.I.R had been registered against the present petitioner and three other accused persons under Sections 143/353/506 I.P.C. On completion of investigation, charge-sheet been filed against the said four accused persons, including the present petitioner and therefore the charge with regard to the offence under Section 143 I.P.C. cannot be sustained. It is further submitted that the case relates to the year 1982, the case records are not traceable.

Considering the submissions made and keeping in view the nature of offences alleged against the present petitioner and the fact that the criminal proceeding is of the year 1982 and the records of the case are not traceable, I find no useful purpose would be served by allowing continuance of criminal proceeding against the present petitioner, especially when the chances of his ultimate convictions are bleak. Moreover, charge-sheet having been filed against four accused persons, including the present petitioner, the offence under Section 143 I.P.C. is not sustainable in law.

Accordingly, the criminal proceeding initiated against the petitioner in G.R. Case No. 1150 of 1982, arising out of Capital P.S. Case No. 419 of 1982, pending in the Court of learned S.D.J.M., Bhubaneswar, under Sections 143/358/506 I.P.C. and the order of cognizance passed therein and all consequential proceedings are hereby quashed.

CRLMC and Misc. Case are accordingly disposed of.

Issue urgent certified copy as per rules.