Orissa Court May 2005 Judgments
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Sitansu Shekhar Choudhury Vs. State of Orissa
Court: Orissa
Decided on: May-20-2005
Reported in: 2005(II)OLR165
I.M. Quddusi, J.1. This petition under Section 482 Criminal Procedure Code (for short, the 'Cr.P.C') has been filed alleging abuse of process of Court as two FIRs have been lodged in different police stations against the petitioner in connection with the same set of facts and incident and against filing of charge sheet in Court.2. The brief facts of the case are that on 10.10.2002 the Under Secretary to Govt. of Orissa in Food and Civil Supplies Department, Orissa lodged a written FIR which was registered as Capital P.S. Case No. 462 of 2000 corresponding to G.R. Case No. 3254 of 2002 pending in the Court of the learned S.D.J.M., Bhubaneswar for the offences punishable under Sections 468/471/34, IPC. Another FIR was also registered at Nayagarh P.S. on 16.7.2003 under Sections 420/468/471, IPC corresponding to G.R. Case No. 330 of 2003 pending in the Court of the learned S.D.J.M., Nayagarh. The said FIR was lodged by the D.C.A.- cum-Joint Secretary, Food Supplies and Consumer Welfare De...
Sushanti Mohanta Vs. State of Orissa
Court: Orissa
Decided on: May-20-2005
Reported in: 2005(II)OLR88
R.N. Biswal, J.1. This revision has been preferred against the order dated 18.4.2005 passed by the J.M.F.C., Barbil in C.M.C. No. 113 of 2005 arising out of G.R. Case No. 118 of 2005 wherein he rejected the petition filed under Section 457 Cr.P.C to release the tipper bearing registration No. OR-09E-2816 in interim custody of the petitioner.2. Succinctly stated, the facts leading to filing of this revision is that on 22/23.3.2005 during night hours while Daniel Karketta, the S.I. of Joda Police Station along with his staff was engaged in patrolling duty, he got reliable information that one tipper bearing Registration No. OR-09E-2816 was being illegally loaded with size iron ores at Kamarjoda Railway siding, proceeded to that side and found the aforesaid tipper being loaded with size iron ores was coming from Kamarjoda Railway siding. The S.I. stopped the vehicle at 3.30 A.M. near Basti Road. At this time the driver and the other occupants took to their heels leaving the loaded vehicle...
Satpal Singh Vs. State of Orissa
Court: Orissa
Decided on: May-20-2005
Reported in: 2005(II)OLR255
R.N. Biswal, J.1. This revision has been preferred against the order dated 2.3.2005 passed by the learned J.M.F.C., Barbil in C.M.C. No. 33 of 2005 arising out of G.R. Case No. 32 of 2005 wherein he rejected the petition filed under Section 457, Cr.P.C. by the petitioner holding that he lacked jurisdiction to release the tipper bearing Registration No. OR-09C-9111 in his interim custody.2. A nub of the facts leading to filing of this revision are that on 22.1.2005 during night hours while the aforesaid vehicle was being used in transportation of 15 metric tons of iron ores from Karakhandra Jungle, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the said iron ores, the S.I. seized the same alongwith the tipper and registered P.S. Case No. 12 dated 22.1.2005 for the offence under Sections 379/411/34, IPC read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful A...
Santosh Parida Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-20-2005
Reported in: 2005(II)OLR247
A.K. Parichha, J.1. The petitioner has been arrayed as accused in Kodala P.S. Case No. 60 of 2002 corresponding to G.R. Case No. 104 of 2002 pending in the Court of learned J.M.F.C., Khallikote for the offence under Sections 376/493, IPC. In that case he was arrested, produced in Court and finally released on bail by order dated 19.4.2002 of the learned Sessions Judge, Ganjam-Gajapati in B.A. No. 247 of 2002. Opposite party No. 2, who is the informant of the G.R. Case No. 104 of 2002 filed an application under Section 439(2), Cr.P.C. before this Court in CRLMC No. 17 of 2002 for cancellation of bail of the petitioner. But by order dated 3.2.2003 this Court disposed of the said application giving liberty to opposite party No. 2 to move the learned Sessions Judge, Ganjam-Gajapati under Section 439(2), Cr.P.C. Opposite party No. 2 thereafter filed Bail Application No. 264 of 2003 before the learned Sessions Judge,Ganjam-Gajapati for cancellation of bail of the petitioner. After considerin...
Shri Akshaya Kumar Parida Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-20-2005
Reported in: 2005(II)OLR251
A.K. Parichha, J.1. The informant-opp. party No. 2 filed a written report before the I.I.C., Mancheswar Police Station on 31.5.2001 and basing on that report Mancheswar P.S. Case No. 108 of 2001 was registered. After investigation of the case, charge-sheet was submitted against the accused for offences under Sections 341, 323, 294, 354, 506, IPC and Section 3 of the S.C. & S.T. (PA) Act in the corresponding G.R. Case No. 1753 of 2001. Learned S.D.J.M., Bhubaneswar after perusing the materials on record took cognizance of those offences and issued N.B.W. for production of the petitioner-accused. Pursuant to that warrant issued by the Court, the petitioner was arrested, produced, remanded to the custody and was then released on bail. The petitioner has now filed this application under Section 482, Cr.P.C. for quashing the proceedings of G.R. Case No. 1753 of 2001 pending before the S.D.J.M., Bhubaneswar basically on the plea that the order of cognizance and issue of warrant against him w...
Smt. Astamija Dash Vs. Punjab National Bank and ors.
Court: Orissa
Decided on: May-20-2005
Reported in: 100(2005)CLT385; [2005(107)FLR969]; (2006)IILLJ32Ori
P.K. Mohanty, J.1. The petitioner calls in question the order terminating her services in accordance with the terms and conditions of appointment (Annexure-3) and has prayed for the following reliefs :'Under these circumstances the petitioner most humbly prays that this Hon'ble Court may be graciously pleased to pass a Rule Nisi calling upon the Opposite Parties to show cause as to why(i) the order under Annexure-3 shall not be quashed;(ii) it shall not be declared that the petitioner is deemed to be continuing in service under the Opposite Parties;(iii) it shall not be declared that the petitioner is deemed to be confirmed in the Bank service on the expiry of 3 years from the date of her joining in the Bank services;(iv) it shall not be declared that the confirmation test as postulated in Annexure-1 is ultra vires of the Bank's Regulation, 1979 and the same cannot be enforced against the petitioner.(v) the orders under Annexure-4 series dated 28.11.1990 and 18.3.1991 rejecting the app...
induprava Sarangi and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-19-2005
Reported in: 100(2005)CLT119
I.M. Quddusi, J.1. By means of this Writ Petition, the five petitioners, who are working as Assistant Teachers of Sri Satyasai High School, Unit-III, Bhubaneswar have challenged the order dated 29.6.2004 passed by the Director of Secondary Education, Orissa and the consequential order dated 2.7.2004 of the Inspector of Schools, Khurda and have prayed for issuance of a Writ of Mandamus directing opposite parties 1 to 3 to give promotion to petitioner Nos. 1 and 2 to the post of Headmaster in Aided High Schools including the petitioners' school, keeping in view their seniority in the common cadre of the Trained graduate Teachers under the Inspector of Schools, Khurda Circle as per the provisions of Rule 8(3) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (hereinafter referred to as 'the 1974 Rules') within a stipulated time to be fixed by this Court. By the impugned order dated 29.6.2004, ...
Arati Das Vs. State and ors.
Court: Orissa
Decided on: May-19-2005
Reported in: AIR2006Ori13; 100(2005)CLT169
I.M. Quddusi, J. 1. By means of this Writ Petition, the petitioner has challenged the impugned notification dated 26.10.2002, issued by Government of Orissa, Food Supplies and Consumer Welfare Department, removing the petitioner from the post of Member, District Consumer Disputes Redressal Forum, Balasore (in short 'District Forum'). The said Notification is quoted hereunder:'Government of OrissaFood, Supplies and Consumer Welfare DepartmentNotificationNo. CWA 2/2002. 24433/FS & CW, dated the26.10.2002.After careful consideration of the explanation received from Smt. Arati Das, Member, Dist. CDR Forum, Balasore the Govt. in exercise of the powers conferred under Rule 3(6)(g) of the Orissa Consumer Protection Rules, 1987 have been pleased to remove Smt. Arati Das, from the post of Member, Dist. CDR Forum, Balasore with immediate effect.By Order of the GovernorH.S. SamantarayDirector Consumer Affairs-cumJoint Secretary to Govt.'2. According to the averments made in the Writ Petition, the...
Karunakar Nayak and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-19-2005
Reported in: 2005CriLJ4430; 2005(II)OLR325
I.M. Quddusi, J.1. The present petition under Section 482, Criminal Procedure Code has been filed by the petitioner against an order dated 13.11.2004 passed by the learned J.M.F.C., Pattamundai in G.R.Case No. 44 of 2004, by which the learned Magistrate rejected the final report submitted by the Investigating Officer in Pattamundai P.S. Case No. 20 of 2004, registered for the offences punishable under Sections 341, 427, 506/34. IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (P.A.) Act (in short 'the Act'). The Investigating Officer had submitted a report through the officer-in-charge of the P.S. concerned after conclusion of the investigation with the observation that witnesses named in the FIR had not well proved the occurrence. According to them the FIR was lodged on some misconception of fact and both the parties were living happily in the village.2. The brief facts of the case are that opposite party No. 2, Narayan Mallick lodged a written report before the Officer-in...
Khatu SwaIn and ors. Vs. State of Orissa and anr.
Court: Orissa
Decided on: May-19-2005
Reported in: 100(2005)CLT217; II(2005)DMC790; 2005(II)OLR304
I.M. Quddusi, J.1. This petition under Section 482, Criminal Procedure Code has been filed by the petitioners for quashing the proceeding initiated by opposite party No. 2 informant in Jagatsinghpur P.S. Case No. 125 of 2002 corresponding to G.R. Case No. 351 of 2002 pending before the Learned S.D.J.M., Jagatsinghpur for the offences punishable under Sections 498-A/419/34, IPC and under Section 4 of the Dowry Prohibition Act.2. The brief facts of the case are that opposite party No. 2, Sanghamitra Swain, a resident of village Bartira of Dist.: Jagatsinghpur had been married to petitioner No. 5 on 13.5.1999 as per Hindu rites and customs. The said petitioner No. 5 is presently living at New Delhi. The further allegation is that the parents of the informant were given wrong information that petitioner No. 5 is working as Asst. Director, Finance Commission, Govt. of India, New Delhi. Further it is alleged that as per the demand of the petitioner No. 5, besides other articles and ornaments...
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