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Orissa Court July 1993 Judgments

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Jul 06 1993

Pitabas Sahoo Vs. Ainthi Dei and ors.

Court: Orissa

Decided on: Jul-06-1993

Reported in: 1993(II)OLR425

K.C. Jagadeb Roy, J.1. This criminal revision has bean filed against 8 accused persons, but the same was dismissed against opp. parties 1 to 4, 6 and 7 by order No. 10 of this Court dated 178 1990. The other two accused persons . against whom the present petitioner persues this criminal revision are opp. parties 5 and 8. Opp. party No. 6 is a Police Sub-Inspector of Sahidnagar P. S. whereas opp, party No. 8 is a process server of Civil Court, Bhubaneswar. The S.D.J.M. refused to take cognizance against those 2 persons on the ground that no sanction Under Section 197, Cr PC had been obtained since both of them are public servants and what was alleged against them was in discharge of their duties as such public servants; Besides, the Court was also not satisfied on the inquiry conducted Under Section 202, Cr PC against them as it failed to arrive at prima facie satisfaction that the alleged offence had been committed by the said two opposite parties, namely, the present opp. parties 5 an...


Jul 05 1993

Smt. Mandi Das and ors. Vs. Smt. Rama Devi and anr.

Court: Orissa

Decided on: Jul-05-1993

Reported in: AIR1994Ori17

ORDERA. Pasayat, J.1. These eighteen cases relate to an accident which occurred on 16-12-1986 in which a truck bearing registration No. ORC 1501 was involved. Two persons namely, Jagil Das and Panchu Sethi (hereinafter referred to as the 'deceased') breathed their last at the spot of accident, and several other persons were injured. The accident occurred around 10 p.m. and F.I.R. was lodged at Pattapur Police Station on 17-12-1986. Some of the injured persons were sent to the M.K.C.G. Medical College Hospital and others to Kankorda P.M.C. for treatment by the police, and G.R. Case No. 44 of 1986 was instituted. Post-mortem in respect of the two deceased was conducted at the M.K.C.G. Medical College Hospital.2. The legal representatives of the aforesaid two persons filed two claim petitions, while 21 cases were instituted by the injured persons, claiming compensation from Smt. Rama Devi, the owner of the vehicle (hereinafter referred to as the 'owner') and against the New India Assuranc...


Jul 05 1993

Bimbadhara Lenka Vs. State of Orissa and ors.

Court: Orissa

Decided on: Jul-05-1993

Reported in: 76(1993)CLT1009; 1994CriLJ386; 1993(II)OLR430

A. Pasayat, J.1. The informant in G.R. Case No. 13 of 1989 of the Court of Judicial Magistrate, first class, Cuttack which is subject-matter of trial in Sessions Trial No. 218 of 1990 questions legality of the order passed by the learned Assistant Session Judge, Cuttack refusing the prayer to summon Tulu Lenka and Milu Lenka to stand for trial.2. The background facts sand unnecessary details are as follows ;The petitioner lodged first information report at the Niali Police Station on 8-1 -1983, inter alia stating that one Inspector of Supplies had come to village Kapasi to enquire into the allegations made by some of the villagers against one dealer of controlled commodities, namely. Laxmidhar Mohanty, Several witnesses were examined by the said Inspector to ascertain whether they were getting the essential commodities from the dealer regularly. On 6-1-1989 the aforesaid Laxmidhar Mohanty demanded his dues from Prasanna Mohanty and there was verbal altercation between them. On the next...


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