Order
Order pronounced on : 09/04/2025
Order reserved on : 23/01/2025
[2025:RJ-JD:17626] (2 of 4) [CRLMP-820/2024]
S.B. Criminal Misc(Pet.) No. 820/2024
1. The petitioners have made challenge to the order dated
17.10.2014 passed by learned Magistrate whereby he took
cognizance of offence under Section 504 and 427 of the IPC and
process was issued against the petitioners.
2. Briefly stated facts of the case are that the petitioners are
public servants and are working in the police department on the
post of constable. They do not have any concern personally with
the complainant or his property. On the day of incident they went
on the spot on the directions of their officer and an entry to this
effect is mentioned in the daily Rojnamcha diary. The superior
officer directed them to reach on the spot to ensure maintenance
of law and order. The allegations are that the petitioners along
with some accused entered into a property in his possession and
removed rubble stones from there and allegations of causing
damage to a wall is also made. The matter was thoroughly
investigated when the learned Magistrate sent it to Dy.S.P. under
Section 202 of the Cr.P.C. The inquiry report reveals that there
was a drive for removal of encroachments under the instructions
of administrative officers, municipality, and the police party was
there to assist them and to ensure law and order situation. As a
matter of fact, on 23.02.2012, a team headed by Executive Officer
Municipality and Sub Divisional Officer reached the spot under
instructions to District Collector and they were given a task to
remove encroachment from public place. Police party was also
called there to avoid public disorder. A protest was made on behalf
of complainant party and there persons. It was alleged that the
[2025:RJ-JD:17626] (3 of 4) [CRLMP-820/2024]
complainant party formed an unlawful assembly and prevented
the public servants from discharging their official duty and
therefore a criminal case No.103/2012 was lodged against the
respondent No.2 and some other persons. They were charge-
sheeted and vide judgment dated 11.12.2024 they were convicted
from committing offence under Section 147 and 336 read with 149
of the IPC.