Orissa Court December 2000 Judgments
Sanjeeb Kumar Marik Vs. Bal Gopal Mishra and Another
Court: Orissa
Decided on: Dec-22-2000
Reported in: 91(2001)CLT411; 2001(I)OLR260
B.P. Das, J.1. The petitioner in this application under section 482 of the Code of Criminal Procedure call in question the legality of the order dated 9-7-1996 passed by the Sub-Divisional Judicial Magistrate, Bolangir, in I. C. C. Case No. 16 of 1993 taking cognizance of the offence under sections 506/294 of the Indian Penal Code ('I. P. C.', in short) and issuing process against him.2. The brief facts leading to this application are as follows :Opposite party No. 1, Balgopal Mishra, on being declared elected as Member of Parliament of Bolangir Lok Sabha constituency took out a victory procession on 27-11-1989 in Bolangir town. At about 2.30 p. m. when the processionists were passing in front of the residence of the Superintendent of Police, they gave provocative slogans, pelted stones and abused the S. P. in. filthy languages. The police force which was accompanying the procession took reasonable steps to disperse the unruly crowd. One D. B. Sethi, S. I. of Police of Bolangir Town P....
Tag this Judgment!Brajabandhu Panda and ors. Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR216
P.K. Patra, J.1. The appellants have challenged the judgment dated 5.12.1994 passed by Shri B.N.Jena, Assistant Sessions Judge, Cuttack in S.T.Nos. 319 of 1992 and 346 of 1992 convicting them Under Sections 148, 325/149 and 395/397 of the Indian Penal Code (for short 'IPC) and sentencing them to undergo rigorous imprisonment for three years, five years and ten years respectively with direction that the sentences would run concurrently.2. Prosecution case, briefly stated, runs as follows : The informant (P.W. 1.) the appellants and the other co-accused persons who have since been acquitted, are co-villagers being residents of village Karadapali under Baideswar Police Station in the district of Cuttack. Since there was rivalry between two groups of villagers, police had been deployed to-maintain law and order in the village and the Sub-Collector-cum- Subdi visional Magistrate, Banki had convened a meeting of the villagers on 27.12.1990 at 4 p.m. at Baideswar Police Station for the purpos...
Tag this Judgment!Orissa Consumers' Association and others and Sundargarh District Emplo ...
Court: Orissa
Decided on: Dec-22-2000
Reported in: AIR2001Ori135; 92(2001)CLT10
P.K. Misra, J.1. All these appeals directed against the orders passed by the Regulatory Commission fixed tariff for retail supply of electricity are being disposed of by this common judgment, as similar questions are involved.2. Misc. Appeal No. 61/2000 has been filed on behalf of Orissa Consumers' Association relating to taxation of tariff for retail supply on the basis of the appreciation made by the Southern Electricity Supply Company Orissa Ltd. (in short, 'SOUTHCO'). Misc. Appeal No. 62/2000 has been filed by the very same Association against the order fixing tariff for supply of electricity by the Central Electricity Supply Company of Orissa Ltd. (in short, 'CESSCO'), Misc Appeal No. 63/2000 has been filed by the very same Association against such fixation by North Eastern Electricity Supply Company of Orissa Ltd. (in short, 'NESCO'). Misc. Appeal Nos. 163/2000 and 64/2000 are directed against the order passed by the Regulatory Commission fixing tariff for retail supply of electr...
Tag this Judgment!Arun Kumar Sarangi Vs. Madan Pattnaik and ors.
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR342
B.P. Das, J.1. This is an application Under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 16.8.1995 passed by the learned S.D.J.M., Jajpur, in I.C.C. Case No. 1 80 of 1 993 taking cognizance against the petitioner for the offence Under Sections 325 and 504 of the Indian Penal Code.2. The brief facts of the case are that the sister of one Prafulla Kumar Das, who was reading in M.H.D. Mahavidyalaya.Chhatia, was alleged to have been misbehaved by Pramod Chandra Das (O.P.No.2) a Lecturer, on 16.4.1993 for which the Principal of the College called the said Prafulla Kumar Das through one Arjuna Ch. Sethi on 17.4.1993 to decide the matter. As per the request of the Principal, it is alleged, Prafulla Kumar Das along with one Khirod Kumar Sahu went to the office of the Principal in his vehicle bearing No. ORU-2895 being driven by his driver Madan Patnaik (O.P.No.l). It is further alleged that after reaching the college, Prafulla and khirod went to the Prin...
Tag this Judgment!Kailash Chandra Sahu Vs. State of Orissa
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR452
B.P. Das, J.1. This revision application Under Section 401, Criminal Procedure Code (for short 'Cr.P.C') is directed against an order passed by the S.D.J.M., Balasore in Misc. Case No.l of 2000 rejecting the application Under Section 457, Cr.P.C. in which prayer was made to release the vehicle (Maruti van) bearing registration No. OR-2A-4762. seized by the Officer-in-charge, Chandipur P.S. vide Chandipur P.S. Case No. 64 of 1999.2. The brief facts as reveal from the application are that in the night of 5.12.1999 some unknown culprits committed theft of four bundles of electric wire from Fairodori Fuse Call centre. In course of investigation the police seized four bundles of electric wire along with the vehicle in question at Jhagarpadhi Chhak and a proceeding was initiated Under Section 379. I.P.C. read with Section 3 of the Electric Supply-Line Materials (Unlawful Possession) Act, 1988 (for short 'the Act') and the fact of seizure was intimated to the Authorised Officer-cum-Superinten...
Tag this Judgment!Gorekhnath Giri and anr. Vs. State
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR228
P.K. Patra, J.1. The appellants have challenged the judgment dated 7.4.1998 in S.T. No. 21/1 of 1997/96 passed, by Shri N. Nayak, Addl. Sessions Judge, Rairangpur convicting appellant No.l Under Section 323 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for one year and convicting appellant No. 2 Under Section 304 part (ii), IPC and sentencing him to undergo rigorous imprisonment for five years2. Briefly stated, the prosecution case is as follows : On 15.8.1995 at about noon when deceased Kuber Chandra Das, aged about seventy- five years, took his cow from the cowshed and to tethered the same on the village lane in front of the house of the appellants at Baidaposi, Ward No. 2 of Rairangpur Town, within Rairangpur Town Police Station in the district of Mayurbhanj, both the appellants, who are brothers, protested the same and there was altercation between them. The informant (P.W. 1), son of the deceased, who was inside the house came out w...
Tag this Judgment!Sri Satyabadi Padhi Vs. Nepal Chandra Kar
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR238
B.P. Das, J.1. As both the Criminal Revision and the Criminal Misc. Case arise out of the same case i.e. ICC Case No. 61 of 1995, they were heard together and are being disposed of by this common judgment.2. The Criminal Revision is directed against the order 29.8.1 997 passed by the learned J.M.F.C, Cuttack in ICC Case No. 61 of 1995 rejecting the application of the accused-petitioner praying for furnishing him copies of the documents, namely; (i) statements recorded Under Sections 200 and 202, Cr.P.C. of all persons examined by the Magistrate, (ii) the statement on confession with any statement recorded under Sees. 161 or 164, Cr.P.C, and (iii) any document produced before the Magistrate on which the prosecution proposes to rely.3. The Criminal Misc. Case has been filed with a prayer to quash the order dated 24.4.1996 passed in ICC Case No. 51 of 1995 taking cognizance of the offence Under Sections 448, 294, 352, 363, 342, 323. 324, 384/34, IPC against the petitioner and the entire p...
Tag this Judgment!Manas Ranjan Thakur Vs. State
Court: Orissa
Decided on: Dec-22-2000
Reported in: 2001(I)OLR334
P.K. Patra, J.1. The appellant has challenged the judgment dated 18.7.1995 passed by Shri B. K. Patnaik, Sessions Judge, Bolangir in Sessions Case No. 12 of 1995 convicting him Under Section 376 of the Indian Penal Code (for short 'I.P.C.) and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000, in default, to undergo rigorous imprisonment for a further period of one year and acquitting him of the charge Under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').2. Briefly stated the prosecution case runs as follows :The prosecutrix (P.W.I) aged about fifteen to sixteen years and a resident of village Jamdalkha in the State of Madhya Pradesh and her boyfriend (P.W.3) aged about 25 years and a resident of a neighbouring village-Kudapali, PS. Sohela, district Bargarh who were acquainted with each other, left together for Harishankar in the morning of 26.8.94 when the father of the...
Tag this Judgment!Dhobeidhar Naik Vs. State
Court: Orissa
Decided on: Dec-22-2000
Reported in: 92(2001)CLT483; 2001(I)OLR122
P.K. Patra, J.1. The appellant has challenged the judgment dated 29-6-1996 passed by Shti D. G. Samal, Assistant Sessions Judge, Deogarh in S.T. No. 18/3 of 1996 convicting him under section 366/376 of tbe Indian Penal Code (hereinafter referred to as 'IPC') and sentencing him to ' undergo rigorous imprisonment for eight years and to pay a fine of Rs. 500.00 on each count, in default to undergo rigorous imprisonment for a further period of three months on each count with direction that the sentences would run concurrently.2. Briefly stated, the prosecution case is as follows : On 10-7-1995 the prosecutris (p. w. 1), aged about twelve years, daughter of the informant (p. w. 2), resident of village Kalanda under Deogarh police station in the district of Deogarh had been to Deogarh with other girls of her village and some relations to witness return car festival. While they were returning to village after witnessing the festival, the grand-father of the prosecutrix, the appellant (hereina...
Tag this Judgment!Kedarnath Mallik @ Kedar Mallik Vs. State
Court: Orissa
Decided on: Dec-22-2000
Reported in: 92(2001)CLT750; 2001CriLJ1307; 2001(I)OLR177
P.K. Patra, J.1. The appellant has challenged the judgment dated 25-7-1998 passed by Shri A.P. Das, Second Additional Sessions Judge, Cuttack in G. R. Case No. 331 of 1997 (T.R. No. 18 of 1997) convicting him under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1935 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. l,00,000/- and in default to undergo rigorous imprisonment for a further period of five years.2. Briefly stated, the prosecution case is as follows : On 19-3-97 p. w. 2, the Inspector of C.I.D., Crime Branch, Cuttack received reliable information regarding illegal transaction of narcotic drugs at Gopalpur under Cuttack Sadar Police Station and hence he organised raid in the Gopalpur Commercial Gheckgate area and nearby residential houses from 12 30 p.m. to 3.30 p.m. on the same day. The raiding party-consisted of p. w. 2 himself, one S.I., three constables and two women constables of the Depart...
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