Orissa Court June 1989 Judgments
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State of Orissa Vs. Krushna Chandra Tripathi
Court: Orissa
Decided on: Jun-30-1989
Reported in: 1989CriLJ2222
ORDERJ. Das, J.1. This is a suo motu revision with a view to examine the legality, propriety and correctness of the order dt. 6-12-84 passed by the Sub-Divisional Judicial Magistrate, Jharsugda allowing withdrawal of G.R. case No. 974 of 1981 and as a consequence of that acquittal of the accused.2. G.R. Case No. 974 of 1981 was registered on 7-12-81 on receipt of the F.I.R. of D.I.C., Rengali Police Station and the charge-sheet was submitted on 20-12-82 under Section 394, I.P.C. and cognizance was taken on the same day. On 28-1-84 charge under Section 392, I.P.C. was framed against the accused and the accused pleaded not guilty to the charge and claimed for trial. Then the case proceeded for trial. On 16-3-84, it appears that 8 prosecution witnesses were present. As the accused was absent, prosecution witnesses were discharged and N.B.W.A. was issued against the accused and the bail bond was forfeited. On 8-5-84 the case was advanced and a petition for withdrawal of the case was filed....
Dayal Trading Co. Vs. the State of Orissa and ors.
Court: Orissa
Decided on: Jun-27-1989
Reported in: 1990CriLJ715
K.P. Mohapatra, J.1. These two criminal revisions arise out of 2(b)CC Case No. 44/TR 309 of 1988 of the Court of Judicial Magistrate, Madanpur-Rampur. They were heard analogously and are disposed of by this order.2. The petitioner is the owner of a saw mill and deals with timber. Officers of the Forest and Police (Vigilance Departments raided the saw mill premises on 9-4-1988 and seized a huge quantity of round logs, sawn sized timber, documents and accounts valued at several lakhs of rupees by seizure-list (Annexure 1). Later a prosecution report was submitted in court on the allegation that the petitioner had committed offences under Section 45 of the Orissa Forest Act (hereinafter referred to as 'the Act'), R. 4 of the Orissa Timber and other Forest Produce Transit Rules, 1980 and R. 14(A) of the Orissa Forest Saw Pits and Saw Mills (Control) Rules, 1980 (hereinafter referred to as the 'Transit Rules' and 'Saw Pits and Saw Mills Rules'). During the pendency of the case the petitione...
Santanu Kumar Sadangi Vs. the State
Court: Orissa
Decided on: Jun-27-1989
Reported in: 1989CriLJ2355
K.P. Mohapatra, J.1. The appellant has challenged the order passed by the learned Additional Sessions Judge, Sambalpur, convicting and sentencing him under Section 353, I.P.C. to undergo rigorous imprisonment for six months.2. Prosecution case in brief is that the informant (PW 3) was working as Special Railway Magistrate posted at Kantabangha. The appellant, a civil court employee was wording as his Orderly Peon. PW 3 along with his wife, Bench Clerk, the appellant, a boy servant aged 10 years and the requisite police force had gone to Rourkela in connection with his duties. On 11-3-1980 alongwith the persons named above, he was returning from Rourkela to Sambalpur where he had fixed up a camp court by 331 Up passenger train. He was occupying a coupe of the first class bogie along with his wife and the boy servant. Another compartment in the same bogie was occupied by the police staff, the Bench Clerk and the appellant. When the train stopped at Rengali Railway Station, some passenger...
National Insurance Co. Ltd. Vs. Krushna Chandra Das and ors.
Court: Orissa
Decided on: Jun-23-1989
Reported in: 1990ACJ288; 68(1989)CLT612
S.C. Mohapatra, J.1. Insurer is the appellant under Section 110-D of the Motor Vehicles Act (hereinafter referred to as 'the Act').2. On 20th March, 1986 at about 8 a.m. deceased was proceeding towards Garadapur on Salipur-Pattamundai road on a bicycle. Between Kalinga and Kulia, a bus bearing registration No. ORU 8115, in which passengers are carried, dashed against the deceased from behind causing severe injuries. He was removed to the hospital at Salipur and then to S.C.B. Medical College Hospital at Cuttack for treatment where he succumbed to the injuries on 21.3.1986. Alleging that the death was on account of negligent driving of the vehicle, widow, three minor children and parents filed an application under Section 110-A of the Act claiming compensation of Rs. 1,50,000/-. Owner and the insurer both contested the claim petition. Tribunal, on assessment of material, held that the accident in which deceased sustained fatal injuries was on account of negligent driving of the motor ve...
Binod Bihari Mishra Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-23-1989
Reported in: 1989CriLJ2458
ORDERS.C. Mohapatra, J.1. Accused No. 3 is the petitioner in this Criminal Revision.2. Accused persons were committed for their trial in the court of Sessions under Sections 307 and 364/34, I.P.C. They have been released on bail. Session case has been transferred to the Court of Additional Sessions Judge for trial.3. Mr. N. Misra, Advocate was representing the petitioner and moved his application for bail. Later, Investigating Officer recorded his statement under Section 161, Cr.P.C, and cited him as a witness in the charge-sheet. On the charge-sheet being filed Mr. N. Misra refused to accept the brief to defend the accused person expressing that he would be willing to defend the accused persons, if he is not examined as a witness. Accordingly, a petition was filed through their Advocate Mr. G. D. Nanda on 2-8-1988 to allow the accused persons to engage Mr. N. Misra, Advocate and not to examine him as a witness him as a witness. When the application was to be taken up for consideration...
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