Sarbeswar Bharati Vs. State of Orissa - Court Judgment

Excerpt:

- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. - while the daughter of the informant had been to a nearby tube well to fetch water co-accused kalia @kuber bharati did not allow her to bring water and as such there was hitch between the said accused and the daughter of the informant, in course of which, it is alleged that the said accused abused the daughter of the informant in obscene language, dragged her wearing apparels and threatened to do away with her life......issue summons to the petitioner for his appearance. when the informant says that the co-accused kuber bharati committed the offence and charge sheet was not filed against the present petitioner, the trial court ought not have taken cognizance of the offence under sections 354/506 of i.p.c. against him and issued process for his appearance. accordingly, learned counsel for the petitioner prays to allow the crlmc.5. taking into consideration the facts and circumstances of the case and regard being had to the submission of learned counsel for the petitioner, the crlmc is allowed and the impugned order of taking cognizance of the offence under sections 354/506 of i.p.c. in g.r. case no. 72 of 1991 pending on the file of learned j.m.f.c., nimapara, so far the petitioner is concerned and the order of issuance of summons against him are hereby quashed.6. accordingly, the crlmc disposed of.

Judgment:

ORDER

R.N. Biswal, J.

1. Though this case was listed to date for admission, on the consent and request of learned Counsel for both the parties, it is taken up for hearing and the following order is passed.

2. Heard learned Counsel for the petitioner and learned Addl. Govt. Advocate on the petition under Section 482 of Cr.P.C.

3. The petitioner is an accused for the offence under Sections 354/506 of I.P.C. where under cognizance was taken and summons were issued against the petitioner on 16.3.1991 fixing the case to 6.5.1991 for his appearance. The said order of taking cognizance and issue of process against the petitioner are under challenge before this Court..

4. Learned Counsel for the petitioner submits that on perusal of the F.I.R. it is found that on the date of occurrence i.e. on 30.1.1991 at about 12.30 P.M. while the daughter of the informant had been to a nearby tube well to fetch water co-accused Kalia @ Kuber Bharati did not allow her to bring water and as such there was hitch between the said accused and the daughter of the informant, in course of which, it is alleged that the said accused abused the daughter of the informant in obscene language, dragged her wearing apparels and threatened to do away with her life. Further on perusal of the certified copy of the charge sheet, it is found that the petitioner was not charge sheeted. However, in the impugned order the trial court took cognizance of the aforesaid offences and issue summons to the petitioner for his appearance. When the informant says that the co-accused Kuber Bharati committed the offence and charge sheet was not filed against the present petitioner, the trial court ought not have taken cognizance of the offence under Sections 354/506 of I.P.C. against him and issued process for his appearance. Accordingly, learned Counsel for the petitioner prays to allow the CRLMC.

5. Taking into consideration the facts and circumstances of the case and regard being had to the submission of learned Counsel for the petitioner, the CRLMC is allowed and the impugned order of taking cognizance of the offence under Sections 354/506 of I.P.C. in G.R. case No. 72 of 1991 pending on the file of learned J.M.F.C., Nimapara, so far the petitioner is concerned and the order of issuance of summons against him are hereby quashed.

6. Accordingly, the CRLMC disposed of.