Orissa Court July 1950 Judgments
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Appanna Vs. the State
Court: Orissa
Decided on: Jul-28-1950
Reported in: AIR1951Ori29
ORDERBay, C.J.1. The petitioner (Ch. Appanna) has been convicted Under Section 47(a), Bihar and Orissa Excise Act, for having in possession and causing the sale of Government licensed liquor in a tati enclosure near the Jyoti Cinema in Berhampur town, and has been sentenced to pay a fine of Rs. 200, and in default to undergo simple imprisonment for two months.2. Appanna is admittedly a license-holder for sale of the liquor in Shop no. 2 in Berhampur town.3. The contentions that are raised in this case are (l) that even if he sold as alleged by the prosecution, at the tati enclosure, he cannot be held to have committed an offence inasmuch as there was nothing in license that it was eon fined to be availed of in any particular part of the town; (ii) that in view of Section 87 of the Act, initiation of the prosecution was bad in law inasmuch as cognisance had been taken on the complaint of the Excise Sub-Inspector who had not been authorised by the Collector within the meaning of the sect...
Nandakumar Sukla Vs. State
Court: Orissa
Decided on: Jul-27-1950
Reported in: AIR1952Ori219
Narasimham, J.1. This is a petition for bail on behalf of Nandakumar Sukla, who has been committed to take his trial in the Court of Session for offences under Sections 302 and 201, Indian Penal Code, by the Sub-divisional Magistrate, Puri.2. It appears that while the commitment proceedings were pending in the Magistrate's Court,a petition was filed by the Advocate-General before the High Court for cancellation of the bail already granted to the petitioner in a previous order of the Court dated 19th January 1950. That petition was heard on 24-6-1950 by my learned brother Panigrahi, J.,' who. while cancelling the bail bond of the petitioner, observed:'that he shall be committed to jail custody forthwith pending completion of proceedings before the Magistrate, and during his trial in the Court of Session when committed to that Court.' Apparently, in view of these observations of the High Court, the Committing Magistrate has refused to grant bail; but in the order of commitmen he has obse...
The State of Orissa Vs. Oria Sama Majhi
Court: Orissa
Decided on: Jul-27-1950
Reported in: AIR1951Ori138
Panigrahi, J.1. This is an appeal by the State of Orissa Against an order of acquittal recorded by the Learned Sessions Judge, Mayurbhanj, in a case arising under Schedule 88 Penal Code.2. The case for the prosecution is that the accused Oriya Sama Majhi disobeyed an order under Schedule 44 criminal P. C. promulgated on 5-2-49, in the Bamangati Subdivision of Mayurbhanj District, prohibiting the residents there in from carrying bows and arrows or any deadly weapons. It is alleged that the accused was moving about on 31-3-49 in his village, Maranda, with a bow, arrows, and a sword shouting that he would kill his enemies with, these weapons. The order under Schedule 44 was duly promulgated on 5-2-49, and it is proved that the accused had knowledge of the ban imposed under this order. The trying magistrate recorded a finding that the accused intentionally disobeyed the order and that the disobedience caused danger to human life and safety.He accordingly convicted the accused of an offence...
Vaikuntham Jaganadham Vs. State of Orissa
Court: Orissa
Decided on: Jul-21-1950
Reported in: AIR1952Ori164
ORDERNarasimham, J.1. This petition is against the conviction of the petitioner under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946 (Act. XXIV (24) of 1946) for contravention of Clause VII (i) of the Orissa Food-grains Control Order, 1947 and the sentence of fine of Rs. 250/-passed by the Additional Sessions Judge of Koraput on appeal from the judgment of the S. D. M., Koraput.2. The facts as found by both the Courts are these : The petitioner is a merchant of Salur in Madras Presidency. He loaded 39 bags of rice in a lorry (M. D. B. 1024) in the night of 7-7-48 at village Dumuriput. He himself sat in the lorry and it was driven by P. W. 7. While it was proceeding towards Salur along the Koraput Salur road it was stopped at village Sembliguda about 28 miles from Madras border by the Sub-Inspector of Police (P. W. 1) and searched. The 39 bags of rice were seized by the S. I. and the petitioner did not show any permit authorising him to transport rice outside the Provi...
Hari Sahu Vs. Pasori Sahu
Court: Orissa
Decided on: Jul-21-1950
Reported in: AIR1951Ori30; 16(1950)CLT200
ORDERNarasimham, J.1. This petition is for revising an order under Schedule 22 (3), Criminal P. C., passed by the Sessions Judge of Cuttack under the following circumstances.2. The petitioner was tried for the offence of house trespass Under Section 448, Penal Code and convicted by a Magistrate on 27-6-1949. His appeal to the Sessions Judge was disposed of 10-8-1949 and though the conviction was maintained the sentence of fine was reduced. A criminal revision to this Hon'ble High Court was dismissed on 16-9-1949. Till then the opposite party did not apply to any of the three Courts for action under Schedule 22, Criminal P. C. On 24-11-1919 for the first time the opposite party applied to the appellate Court (the Sessions Judge, Cuttack) praying for an order for restoration of possession of a portion of the house which the petitioner was said to be occupying forcibly. The Court passed an ex parte order allowing the petition. Thereupon, the petitioner filed an application for reconsidera...
Pahali Das and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jul-12-1950
Reported in: AIR1952Ori162; 17(1951)CLT93
Narasimham, J.1. The four petitioners were convicted under S. 411, I. P. C. and sentenced to four months' rigorous imprisonment each by a 2nd class Magistrate, Bhadrak. Their appeal was dismissed by the District Magistrate and hence this revision petition.2. During the night between the 2nd and 3rd April, 1947, some unknown culprits committed theft of a cash-box containing ornaments, cash etc., from the shop of the complainant (P.W. 1) who was then keeping a grocery shop at Dhusuri Hat. His evidence was that he went to sleep in the shop with the door open keeping the cash-box close to his feet and when he awoke at about 4 a.m. he found the box missing and then reported the occurrence to the police on 3-4-47 at about 9 a.m. In the course of the police investigation the A.S.I. Sri Narayana Prasad Mohapatra (P. W. 4) tackled the four petitioners & questioned them. Petitioner Dhruba made a statement and took the police officer to his shop and produced currency notes to the extent of Rs. 39...
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