JUDGMENT
S.C. Datta, J.
1. This is an application under Section 482 of Criminal Procedure Code praying for quashing the order dated 9.8.1984 passed by the learned Sub-divisional Judicial Magistrate, Dhenkanal taking cognizance against the petitioner in C.R. Case No. 159 of 1994.
2. The petitioner is an Asst. Public Prosecutor attached to the Court of Smt. Haripriya Das, Judicial Magistrate, First Class, Dhenkanal. It is alleged that one Sri Sasanka Sekhar Rath, Headmaster of Laxmidhar High School, Dhenkanal lodged a complaint with the police on 24.3.1994 making certain false and frivolous allegations against the petitioner. It has been further alleged that the petitioner along with one Rabin Dutta entered the office of the informant and asked the informant in high tone to order his clerk and peon to go out of the office room and on refusal by the informant the petitioner broke the pen-stand and thereafter she took away some documents pertaining to her sister, Urmila, who was serving as an Asst. Teacher in the said school. On the basis of this F.I.R. the petitioner was arrested by the Inspector-in-charge, Dhenkanal P.S. on 15.7.1994 and produced in the Court of the S.D.J.M. Dhenkanal on the same day.
3. On account of sudden arrest of the petitioner, the members of the Dhenkanal Bar Association struck work and there was comotion in Dhenkanal town. Thereafter the informant voluntarily came to Court and submitted a written statement on the same day, i.e., on 15.7.1994 stating that the petitioner has not committed any offence. According to the petitioner the S.D.J.M. without applying his mind and without giving any opportunity of hearing to her took cognizance of the case against her on 9.8.1994. The petitioner alleges that she had made complaint to the higher authority of the police and as such the police bore grudge against her and to feed fat the grudge against her she was arrested on 15.7.1994. She claims that she conducted cases in the Court of the J.M.F.C., Dhenkanal to which she was attached from 10.30 A.M. to 4 P.M. on 21.3.1994 and as such it was absolutely false to say that she visited the office of the informant on that date at about 10.50 A.M. and committed the offence as alleged. Accordingly, the petitioner has moved this Court for quashing the cognizance taken by the learned Magistrate.
4. Heard learned counsel for the petitioner as well as learned Addl. Standing Counsel. It appears that on the basis of the complaint of Sri Sasanka Sekhar Rath, Headmaster of Laxmidhar High School, G.R. Case No. 159 of 1994 was registered and the petitioner was arrested on 15.7.1994 and produced before the Court. The informant lodged complaint on 24.3.1994 stating that on 21.3.1994 at about 10.50 A.M., the petitioner entered the office room of the informant and threatened him with dire consequences after breaking the pen stand in an agitated mood over on refusal by the informant to part with some documents relating to the service of Smt. Urmila, the sister of the present petitioner. It appears that on the date of arrest, i.e., on 15.7.1994, the informant filed a petition in the Court of the S.D.J.M., Sadar Dhenkanal stating that no offence had been committed by the petitioner and that he was not responsible in any way for the arrest of the petitioner. It appears further that despite this withdrawal of the complaint, the police submitted charge-sheet against the petitioner and learned Magistrate took cognizance of the offence by the impugned order dated 9.8.1994.
5. The learned counsel appearing for the petitioner makes grievance that the learned Magistrate did not apply his mind before taking cognizance and as such the proceeding should not be allowed to continue. There is much force in the submission made by the learned counsel for the petitioner, inasmuch as, on 15.7.1994, i.e., the date the petitioner was arrested, the informant filed a petition with the learned Magistrate stating that the petitioner was in no way guilty of the offence alleged to have been committed in his office. The petitioner has filed one certificate granted by the J.M.F.C., Dhenkanal on 22.3.1994, wherein it is stated that the petitioner was present in her Court from 10.30 A.M. to 4 P.M. on 21.3.1994. It has been certified further that the petitioner was busy in testing and examining the witnesses in connection with several cases. In view of this fact, it would be futile to allow the present proceeding to continue. In my view, it will be gross abuse of the process of the Court. Therefore, it is deemed appropriate to quash the proceeding which I hereby do. Resultantly, the order dated 9.8.1994 taking cognizance of the case against the petitioner in G.R. Case No. 159 of 1994 pending in the Court of the S.D.J.M. Dhenkanal is quashed.
The Criminal Misc. Case is disposed of accordingly.