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Orissa Court February 2007 Judgments

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Feb 01 2007

Mahesh JaIn and anr. Vs. Oswal Chemicals and Fertilizers Ltd.

Court: Orissa

Decided on: Feb-01-2007

Reported in: IV(2007)BC346; 2007CriLJ1520

ORDERA.S. Naidu, J.1. The order dated 24th September, 206i passed by learned J. M. F. C (P), Kujang in I.C.C. No. 1/2001 is assailed invoking inherent jurisdiction under Section 482 of the Criminal Procedure Code. Admittedly, the opp. party filed the aforesaid complaint case, inter alia, alleging commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'N. I. Act') by the petitioners, who are arrayed as accused in the said complaint case. Before the Magistrate the accused petitioners filed a petition with the averment that the complaint case was not maintainable at Jagatsingpur as no cause of action had arisen within the jurisdiction of the said Court and as such prayed that the same should be dismissed in limine. According to the petitioners a complaint case can be instituted for commission of offence under Section 138 of the N. I. Act where the cheque in dispute was issued and/or at the place where the cheque was presented for collection o...


Feb 01 2007

Hapan Baske Alias Hansda and anr. Vs. State

Court: Orissa

Decided on: Feb-01-2007

Reported in: 2007(II)OLR518

Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 17.10.2003 passed by the Assistant Sessions Judge-cum-C.J.M., Balasore in S.T.No. 102/169 of 2002 convicting the appellants under Section 376(2)(g) I.P.C. and sentencing each of them to undergo R.I. for ten years and pay a fine of Rs. 5,000/- in default to undergo R.I. for a period of six months.2. The case of the prosecution is that on 22.04.2002 at about 5.30 P.M., the I.I.C., Town Police Station, Balasore received a written report submitted by one Smt. Salma Murmu, P.W.1, alleging therein that on 21.4.2002 at 10.00 P.M. while she was sitting on the verandah of her house, one young man came, dragged her by pulling her hand, forcibly took her to a nearby field by gagging her mouth and forcibly had sexual intercourse with her against her will. At that time, four other accused persons, who were hiding nearby, came and also sexually violated her by committing rape. When Police Patrol party came, they fled a...


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