Orissa Court June 2001 Judgments
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Narendra Kumar Raichoudhury @ Gaba Choudhury Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-2001
Reported in: 92(2001)CLT128
P.K. Tripathy, J.1. Petitioner has filed this application under section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') with the prayer to quash G. R. Case No. 852 of 1995 of the Court of S. D. J. M, Puri, so far as it relates to the petitioner, on the ground of absence of a prima facie case for the offence punishable u/s. 306/34, I. P. C. against him not with standing the rejection of the earlier application by the petitioner as not pressed as per order dated 7-3-2000 in Criminal Misc. Case No. 235 of 2000, which was also an application u|s. 482, Cr. P. C. filed by the petitioner with the same prayer on the self same averments.2. While investigating into U. D. Case No. 9 of 1995 relating to the suicidal death of Malaya Kumar Mishra, aboy aged about 18 years, it came to light that on the issue of sending aletter by the said Malaya to the sister of accused Kitu @Debasis Mishra there were some incidents of threatening and assault not only, on Malaya but also humiliatio...
William George Benedict Alias Bhakta Das Vs. State of Orissa
Court: Orissa
Decided on: Jun-20-2001
Reported in: 2001(II)OLR116
L. Mohapatra, J.1. This application under Section 482 of the Code of Criminal Procedure ('the Code', for short) has been filed not only for quashing the order dated 11-11-2000 passed by the Subdivisional Judicial Magistrate ('S.D.J.M.', for short), Puri, in G. R. Case No. 176 of 2000 taking cognizance of offences alleged to have been committed under Sections 120B, 376(g), 377 and 341, I.P.C. and 47 of the Indecent Representation of Women (Prohibition) Act, 1986 but also for quashing the proceeding in the said G. R. Case.2. From the averments made in the petition it appears that on the basis of the written report lodged by one Maria Schmidova alias Mangala Devi Dasi, Sea Beach Police Station Case No. 75 of 2000, corresponding to G. R. Case No. 716 of 2000 in the file of S.D.J.M., Puri, was registered for the offences alleged to have been committed under the aforesaid provisions of law.The report was in German language and could only be translated into English later. From 9-9-2000 the in...
B. Bhima Rao and ors. Vs. Bulli Laxmi and anr.
Court: Orissa
Decided on: Jun-20-2001
Reported in: 92(2001)CLT601; II(2002)DMC419
L. Mohapatra, J. 1. This application under Section 482, Cr. P. C. has been filed for quashing the order taking cognizance of offence under Section 498A of the Penal Code as well as the order rejecting an application filed by the petitioners to recall the earlier order taking cognizance. As it appears from the record, opposite party No. 1 who is the wife of petitioner No. 1 had filed I.C.C. No. 37 of 1998 in the court of the learned S.D.J.M., Parlakhemundi, alleging commission of offence under Section 498A of the Penal Code against petitioners. The learned Magistrate after conducting inquiry under Section 202, Cr. P. C. took cognizance of the offence under Section 498A of the Penal Code. The petitioners thereafter filed an application to recall the said order taking cognizance which was also rejected. 2. Shri C.A. Rao, learned counsel appearing for the petitioners, confined his argument to the question of territorial jurisdiction only. It is submitted by Shri Rao that as per the complai...
Atko Kujur Vs. Mahalat Sa
Court: Orissa
Decided on: Jun-20-2001
Reported in: 2001(II)OLR112
L. Mohapatra, J.1. This application Under Section 482, Cr.P.C. has been filed challenging the order dated 7.7.1994 passed by the learned S.D.J.M., Jharsuguda in I.C.C.No. 11 of 1994 taking cognizance of offence alleged to have been committed Under Sections 323/294/506, IPC as well as the order passed by the learned Additional Sessions Judge, Jharsuguda in Criminal Revision No. 62/17/36 of 1994-95-99 dismissing the same.2. As it appears from the averments made in the petition the petitioner was working as Sub-Inspector of Police in Belpahar Police Station on the alleged date and at the time of occurrence. A complaint case was filed against the petitioner and the O.LC. of Belpahar Police Station alleging that the complainant had reported against one Prafulla Sahani and some others who had criminally trespassed in his land and committed mischief and when he protested he was threatened with dire consequence. Though such a report was made by the complainant the O.I.C. of Belpahar Police Sta...
Girija Prasanna Panda Vs. Orissa State Bar Council and ors.
Court: Orissa
Decided on: Jun-19-2001
Reported in: 2001(II)OLR216
R.K. Patra, J.1. The petitioner-an advocate-ordinarily practising at Jajpur Road has filed this writ petition challenging the validity of the notification No. 8167/99 dated 8.9.1999 (Annexure-1) of the Orissa State Bar Council by which he has been placed under suspension.2. The case of the petitioner is that he passed the Final Law Examination (LL.B.) in 1982 under the Utkal University. After publication of the Final Law result, he was issued with provisional certificate dated 23 10.1982 (Annexure-2) by the Utkal University. The certificate reads as follows :'This is to certify that Girija Prasanna Panda has passed the Final Law Examination held, in the month of May, 1982 from M.S.Law College, Cuttack in Second Class.'On the basis of the said provisional certificate, he applied to the Orissa State Bar Council to be admitted as an advocate on its roll. The State Bar Council on due consideration of all the documents enrolled the petitioner as an advocate on 12.12.1983 and assigned State ...
Smt. Bauri Dehuri Vs. Smt. Kamala Pradhan and ors.
Court: Orissa
Decided on: Jun-18-2001
Reported in: AIR2001Ori179; 2001(II)OLR128
ORDERP.K. Misra, J. 1. The petitioner was declared elected as Sarpanch of Badakumbilo Grama Panchayat by margin of four votes over present opposite party No. 1. A petition challenging the election was filed by opposite party No. 1. In the said petition it was, inter alia, alleged that many dead persons had voted in the election and the result of the election had been materially affected by false votes being cast in the names of dead persons. The aforesaid allegation was denied by the present petitioner. The trial Court framed several issues including. Issue No. 9 to the effect, 'whether votes have been cast in the names of dead persons or not?'. The trial Court had also framed another issue being Issue No. 5 to the following effect:-- 'Has there been violation of O.G.P. Election Rules, 1965?'While deciding about Issues Nos. 3 and 9 along with Issue No. 2, the trial Court found that fake votes had been cast in the names of ten dead persons. Ultimately, the trial Court concluded as follo...
Smt. Indumati SwaIn Vs. State of Orissa and ors.
Court: Orissa
Decided on: Jun-18-2001
Reported in: 2001(II)OLR132
P.K. Misra, J.1. The petitioner has challenged the order passed by the Collector, Jagatsinghpur, suspending the petitioner from the post of Sarpanch in exercise of power Under Section 115(1) of the Orissa Grama Panchayat Act. The order of suspension has been annexed as Annexure-1, which is in Oriya. The translation of Annexure-1 reads as follows :'On the report of the S.D.O., Jagatsinghpur, I, Sri Sarbeswar Mohanty, IAS, Collector, Jagatsinghpur, realise in view of the present circumstances that the further continuance of Smt. Indumati Swain, as Sarpanch of Biswali Grama Panchayat shall be detrimental to the interest of, the Grama Panchayat and the villagers. The allegations against Smt. Swain are apparent from Annexure-Ka.So, in exercise of power Under Section 115(1) and (6) of the Orissa Grama Panchayat Act. I, Sri Sarbeswar Mohanty, IAS, Collector, Jagatsinghpur, hereby suspend Smt. Indumati Swain, from the post of Sarpanch, Biswali Grama Panchayat until further orders.'This order o...
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