Orissa Court February 1986 Judgments
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Bhagirathi Srichandan and anr. Vs. Damodar @ Dama Baral and ors.
Court: Orissa
Decided on: Feb-04-1986
Reported in: 61(1986)CLT307; 1986(I)OLR377
K.P. Mohapatra, J.1. Criminal Revision No. 386 of 1979 and Government Appeal No. 5 of 1980 arise out of the order passed by the learned judicial Magistrate, Second Class, Puri, in C.R. Case No. 1572 of 1973 (T. R. No. 802 of 1978) acquitting the respondents of charges under Sections 143, 188 and 379 of the Indian Penal Code ('I. P. C.' for short). Therefore, they were heard analogously and this common judgment will govern both.2. The prosecution case relevant for disposal of the cases is stated below in brief. Bhagirathi Srichandan initiated a proceeding under Section 145 of the Code of Criminal Procedure ('Code' for short) (Misc. Case No. 279 of 1973) against respondent No. 18, Damodar Baral and respondent No. 21, Upendra Rautrai in respect of plot No, 230 bearing an area of Ac. 0.56 decimals and plot Nos. 286 and 287 bearing an area of Ac. 0.17 decimals in Khata No. 39 of village Badalpur, P. S. Satyabadi, District, Puri. The learned Sub divisional Officer-cum-Magistrate, First Class...
Fakira Nayak Vs. State of Orissa
Court: Orissa
Decided on: Feb-03-1986
Reported in: 1986(I)OLR324
B.K. Behera, J.1. Appearing on behalf of the petitioner, Mr. Mishra has challenged as unreasonable and unfounded the concurrent findings recorded by the trial and appellate Courts holding the petitioner to be guilty of the charge under Section 409 of the Indian Penal Code (for short, 'the Code) sentencing him to undergo rigorous imprisonment for a period of three months after accepting the case of the prosecution that on October,21, 1972, while functioning as an Extra-Departmental Delivery Agent of the Baruan Post Office in the district of Cuttack, the petitioner received the postal insured cover (M.O.I) issued from the Gymkhana Club Post Office, New Delhi, containing Rs. 1,000/- in the shape of ten hundred rupee Government currency rotes sent by P. W. 11 to his son ( P. W 1), but delivered M. O I to P. W. 1 without the currency notes inside it and the insured cover contained some pieces of white blank paper ( M. O. II ) thereby dishonestly misappropriating a sum of Rs. 1,000/- and the...
Sarat Chandra Pradhan Vs. Chakradhar Pradhan and ors.
Court: Orissa
Decided on: Feb-03-1986
Reported in: 1986(I)OLR292
B.K. Behera, J. 1. This application in revision has been made by the first-informant and it arises out of G.R. Case No. 1080 of 1981 pending in the Court of the judicial Magistrate, First Class, Puri, instituted by the State. The hearing of the case was closed, arguments were heard and the case was posted for judgment. At that stage, the first informant made an application for addition of Sanatan Pradhan as an accused in the case. The learned judicial Magistrate observed that the petitioner had no locus standi to make the application in a case instituted by the State and even on merits, there was no case for addition of any person as an accused at that late stage. This order has been challenged by the petitioner in this revision. The opposite parties have not entered appearance and none has appeared for them.2. As held by the Supreme Court in AIR 1983 S. C. 67 : Municipal Corporation of Delhi v. Ram Kishan Rohtagi, Section 319 of the Code of Criminal Procedure gives ample power to any ...
Radhamohan Agarwalla Vs. State
Court: Orissa
Decided on: Feb-03-1986
Reported in: 61(1986)CLT335; 1986(I)OLR410
B.K. Behera, J. 1. The petitioner has challenged the order passed by the trial Court holding that there is a case for framing a charge against him under Section 406 of the Indian Penal Code and his prayed for quashing the criminal proceeding. The prosecution case has been set out in the impugned order. Briefly stated, the allegations are that having been entrusted with steel plates belonging to the Paradip Port Trust for transport on a contract basis from Bhubaneswar to Paradip through trucks, the petitioner, having received the stock through his agents in his capacity as the proprietor of M/s. Konark Transport, committed criminal breach of trust in respect of sixteen plates on July 22, 1981, On a consideration of the materials collected in the course of investigation, the learned Magistrate has passed the impugned order.2. When an accused seeks to quash the criminal proceeding against him, certain well-established principles of law may be kept in mind. Criminal proceeding instituted a...
G.K. Mohanty Vs. Pratap Kishore Das
Court: Orissa
Decided on: Feb-03-1986
Reported in: 61(1986)CLT292; 1987CriLJ1446
B.K. Behera, J.1. The petitioner seeks the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short, 'the Code') to quash a criminal proceeding initiated against him by the opposite party (complainant ) on the basis of a petition of complaint made by the latter. Cognisance has been taken with regard to commission of offences punishable under Sections 420 and 423 of the Indian Penal Code (for short, 'the Penal Code').2. As averred in the petition of complaint and stated by the opposite party before the Chief Judicial Magistrate, Cuttack, the petitioner, having taken two trucks belonging to the opposite party on hire and being liable to pay Rs. 28,000/- (38,000/-?) therefore, issued three cheques for Rs. 20,000/-, Rs. 15,000/-and Rs. 3,000/-for encashment, but the cheques were dishonoured with a note 'Stop Payment' in respect of two cheques and with a note 'Payment stopped by the Drawer' on another. These acts have constituted commission of the o...
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