Orissa Court January 2001 Judgments
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Dr. Gangadhar Behera and Another Vs. State of Orissa and Another
Court: Orissa
Decided on: Jan-03-2001
Reported in: 91(2001)CLT550; 2001CriLJ2643; 2001(I)OLR277
R.K. Patra, A.C.J. 1. In this application made under section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 17-7-1999 of the learned Sub-divisional Judicial Magistrate, Sadar, Cuttack (in brief 'S.DJ.M') in G. R. Case No. 2228 of 1996 by which he Has taken cognizance of the offences under section 304A and section 304, Part-II, I P.C. and directed issue of processes against them. 2. Opposite party No. 2 presented a written report before the Officer-in-chare of Mangalabag Police Station, Cuttack on 23-12-1996 alleging that her husband Satyanarayan Bhuyan was admitted into Kailash E. N. T. Clinic for Tonsiloctomy operation on that day at 8 a.m. and the operation was done by petitioner No. 1. Petitioner No. 2 being the anaesthesist attached to the said clinic administered general anaesthesis to the patient. At about 10 a.m. petitioner No. 1 and his associate came out from the Operation Theatre. When opposite party No. 2 asked them about her husband,...
Siba Prasad Mohanty Vs. State of Orissa
Court: Orissa
Decided on: Jan-03-2001
Reported in: 91(2001)CLT594; 2001(I)OLR323
P.K. Patra, J. 1. The appellant has challenged the judgment dated 15-4-1998 passed by Shri K. B. Swain, Additional Sessions Judge, Balasore in S. T. No. 9/74 of 1997 convicting him under section 376 of the Ind ian Penal Code (for short 'I.P.C.') and sentencing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000,00 in default, to undergo rigorous imprisonment for a further period of one year.2. Briefly stated, prosecution case is as follows : The prosecutrix (p. w. 5) had slept in her house with her daughter aged about three years in village Karanja under Baliapal police station in the district of Balasore and her husband (p. w. 6) had been to another village to earn his livelihood. It is alleged that on 6-2-1996 at about 2 a. m. the appellant (hereinafter referred to as 'the accused') knocked at her door and when she did not open the door, he forced his entry into the house by breaking open the bamboo Tati with a dagger in his hand and when p.w. 5 tried...
Jayasena Pradhan and ors. Vs. State
Court: Orissa
Decided on: Jan-03-2001
Reported in: 92(2001)CLT87; 2001CriLJ1953; 2001(I)OLR316
P.K. Patra, J.1. The appellants have challenged the judgment dated 20-11-1997 passed by Shri D. K. Sahu, Sessions Judge, Phulbani in Sessions Trial No. 23 of 1997, convicting them under section 376(2)(g) of the Indian Penal Code (for short 'I.P.C.') and sentencing each of them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 100/- (Rupees one hundred), in default, to undergo rigorous imprisonment for a further period of seven days.2. Briefly stated, the prosecution case runs as follows :The informant (p. w. 2) and his wife, the prosecutrix (p. w. 5) were returning to their village Raipali under G. Udaya-giri police station in the district of Kandhamal from the nearby village-Raikala under the said police station after purchasing rice, in the evening of 14-8-1996 and on the way p. w. 2 asked p.w. 5 to proceed ahead to their house, since he wanted to answer call of nature. It is alleged that while the prosecutrix (p. w. 5) was alone proceeding towards her village, ...
Shamshad Begum Vs. Md. Noor Ahmad Khan
Court: Orissa
Decided on: Jan-03-2001
Reported in: II(2001)DMC550
ORDERR.K. Patra, Actg. C.J.1. Is enforcement of the order of maintenance made under Section 125 of the Code of Criminal Procedure, 1973 anyway affected on coming into force of the Muslim Women (Protection of Rights and Divorce) Act, 1986? This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.2. Facts. The petitioner is a divorced woman who married to the opposite party according to the Muslim Law. She filed Criminal Misc. Case No. 253 of 1983 under Section 123 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M., Sambalpur. By order dated 24.4.1985 the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 160/- per month from 24.4.1985. As the amount was not paid, she filed Execution Case No. 137 of 1990 in the Court of S.D.J.M., Sambalpur for realisation of a sum of Rs. 1,920/- towards maintenance for the period from 30.7.1989 to 3...
Shamshad Begum Vs. Md. Noor Ahemad Khan
Court: Orissa
Decided on: Jan-03-2001
Reported in: 2001CriLJ2396
ORDERR.K. Patra, Actg. C.J. 1. Is enforcement of the order of maintenance made Under Section 125 of the Code of Criminal Procedure, 1973 any way affected on coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986, This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.2. FACTS. The petitioner is a divorced woman who married to the opposite party according to the Muslim law. She filed Criminal Misc. Case No. 253 of 1983 Under Section 123 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M., Sambalpur. By order dated 24-4-1985 the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 160/- per month from 24-4-1985. As the amount was not paid, she filed Execution CaseNo. 137 of 1990 in the Court of S.D.J.M., Sambalpur for realisation of a sum of Rs. 19207- towards maintenance for the period from 30-7-1989 to 30...
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