Jagan @ Jagannath Swain vs State Of Odisha .... Opp. Party
2024 Latest Caselaw 16622 Ori

Orissa High Court

Jagan @ Jagannath Swain vs State Of Odisha .... Opp. Party on 13 November, 2024

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.4201 of 2024


             Jagan @ Jagannath Swain           ....    Petitioner
             Mohapatra                              Mr. Milan
                                                    Kanungo,
                                                    Senior Advocate



                                    -versus-


             State of Odisha                   .... Opp. Party
                                                  Mr.Siba
                                                  Narayan
                                                  Biswal, ASC


         CORAM:

                   JUSTICE SIBO SANKAR MISHRA


Order                              ORDER
 No.                             13.11.2024
 01.
        1.

Heard.

2. In the present petition, the petitioner is aggrieved by the order dated 21.08.2017 passed by the learned S.D.J.M., Puri in G.R. Case No.1867 of 2015, whereby the cognizance of the offences punishable under Sections 188/34 of the IPC read with Section 30 A (4) (b) of Shree Jagannath Temple Act has been taken against the

petitioner.

3. The prosecution allegation against the petitioner that, on 17.08.2015, the Administrator of Shree Jagannath Temple, Puri lodged a written complaint alleging that, before the Pahandi of the Deities to Shree Gundicha Temple on the day following Shree Gundicha Yatra on 20.07.2015, a Sevayat Pratihari Nijoga, namely, Sri Kaliyuga Artatrana Pratihari had taken a woman pilgrim unauthorisedly to the Chariot of Lord Shree Jagannath by violating the order of the Hon'ble High Court dated 20.06.2014 and also the order of the Temple Office. The Badagrahi Daitapati of Shree Jagannath Temple Sri Jagannath Swain Mohapatra (the petitioner) was also present on the Chariot, who came forward to the front side of the Chariot to welcome the Sevayat Pratihari for doing such violative action, the F.I.R was registered.

4. I have perused the charge sheet and the documents form part of the charge sheet. I am satisfied that no case under any of the provisions of law, is made out against the present petitioner. Rather, the allegation made against the petitioner constitute violation of the direction dated 20.06.2014 of this Court passed in W.P.C.(PIL) No.10475 of 2014, whereby some restrictions were being imposed by this court for the visitors to enter into the Chariots so as to regulate the crowd.

5. In my considered view, no case is made out against the present petitioner from the materials placed before this Court or the charge sheet. Hence, the order of taking cognizance by the impugned order is not sustainable in law. Moreover, subjecting the petitioner to the rigors of

trial on the basis of the materials which form part of the charge sheet would be a futile exercise. The facts of the present case is squarely covered by the Judgments of the Hon'ble Supreme Court in the cases of Gian Singh v. State of Punjab and another, reported in 2012 (10) SCC 303, B.S. Joshi & others v. State of Haryana & another, reported in (2003) 4 SCC 675 and MadhavraoJi Wajirao Scindia & another v. Sambhajirao ChandrojiraoAngre and others, reported in AIR 1988 SC 709 therefore, the petition deserves merit.

6. Taking into consideration the aforementioned judgments, the facts of the case and submission made at bar, the order dated 21.08.2017 passed by the learned S.D.J.M., Puri in G.R. Case No.1867 of 2015 pending in the Court of learned S.D.J.M., Puri and the consequential proceedings arising therefrom qua the petitioner is quashed.

7. The CRLMC is accordingly disposed of.

(S.S. Mishra) Judge Subhasis

Location: High Court of Orissa, Cuttack.