Orissa Court August 2005 Judgments
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Ananda Mohan Nanda Vs. State of Orissa
Court: Orissa
Decided on: Aug-02-2005
Reported in: 2005(II)OLR462
R.N. Biswal, J. 1. This CRLMC arises out of a petition filed under Section 482, Cr.P.C. challenging the order dated 10.6.2005 passed by the S.D.J.M., Sonepur in G.R.Case No. 71 of 1997 wherein he rejected the petition filed under Section 311 Cr.P.C. by the petitioner and declined to recall P.Ws. 6 and 11 for cross-examination.2. Succinctly stated the fact of the case leading to filing of this CRLMC is that the petitioner faced trial for the offence under Sections 304-A/201 IPC read with Section 39 of the Electricity Act in the aforesaid case on the allegation that one Udayanath Patra expired, coming in contact with a live electric wire stealthily taken by the petitioner underneath the cultivable land of the deceased to his house. At the stage of recording of accused statement, the petitioner filed a petition under Section 311 Cr.P.C. on 10.6.2005 with a prayer to recall P.Ws. 6 and 11 for their cross-examination on the ground that since P.W.6 was examined in absence of the counsel enga...
Ramesh Dalabehera Vs. State of Orissa
Court: Orissa
Decided on: Aug-02-2005
Reported in: 101(2006)CLT25; II(2005)DMC829; 2005(II)OLR438
N. Prusty, J. 1. Appellant No. 3, who has been convicted alongwith appellants 1 and 2 under Sections 498-A, 304-B read with Sections 34 of the Indian Penal Code and sentenced to undergo R.I. for 7 years under Section 304-B/34 of the Indian Penal Code and to undergo R.I. for two years and to pay a fine of Rs. 1000/- each in default to undergo R.I. for two months under Section 498-A/34 of the Indian Penal Code and both the sentences were directed to run concurrently, has filed this Miscellaneous Application to release him on bail during pendency of the Criminal appeal.2. Earlier the petitioner (appellant No. 3) alongwith his parents (appellants 1 and 2) had filed Misc. Case No. 633 of 2004 for bail, which was disposed of by order dated 23.12.2004 directing release of the parents (appellants 1 and 2) of the petitioner on bail, but the petitioner's prayer for bail was rejected and he was given liberty to move for bail afresh after receipt of the L.C.R. In the meantime, L.C.R. has already b...
Simanchal Bisoyi Vs. State of Orissa and Three ors.
Court: Orissa
Decided on: Aug-02-2005
Reported in: 2005(II)OLR460
ORDER1. Heard Mr. S.D. Das, learned Sr. counsel for the petitioner and Mr. Mishra, learned Standing Counsel for the State.2. The petitioner, who is the elected Sarpanch of Phasiguda Gram Panchayat under Digapahandi Block in the district of Ganjam, has approached this Court being aggrieved by the order dated 20.5.2005 passed by the Government of Orissa in Panchayati Raj (G.P.) Department in exercise of the powers conferred upon it under Sub-section (2) of Section 115 of the Orissa Gram Panchayat Act, 1964 (Orissa Act 1 of 1965) and the Rules framed thereunder. By the said order the State Government has been pleased to place the petitioner under suspension from the office of Sarpanch, Phasiguda Gram Panchayat.3. Mr. Das, learned Sr. Counsel relying upon Section 115 (2) of the amended provisions of the Orissa Gram Panchayats (Amendment) Act, 2004, forcefully submitted that as no proceeding has been initiated till date, the Government lack initial jurisdiction to suspend the petitioner. Su...
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