Orissa Court January 2008 Judgments
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Manda Marandi and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-07-2008
Reported in: 105(2008)CLT210; 2008(I)OLR421
S.C. Parija, J.1. This application under Section 482, Cr.P.C has been filed by the Petitioners assailing the Order Dated 25.05.2002 passed by the Learned S.D.J.M., Sadar, Baripada, in G.R. Case No. 80 of 2002, taking cognizance of offences under Sections 143, 341, 353, 506 I.P.C. and Section 7 of the Criminal Law (Amendment) Act and issuing process against the Petitioners.2. The case of the Petitioners, in brief, is that an F.I.R. was lodged by the Sub-Collector, Baripada at Baripada Town Police Station, alleging therein that on 31.01.2002 at about 12.30 P.M., while the office work in the Collectorate of Baripada was in progress, a group of women numbering about 20 to 30 led by one Charima Uhagadai, President, Nari Sriemi Samaj, Brahmanposi, Sukuruli, entered inside the Office premises without any intimation and squatted in front of the Office chamber of the Collector and District Magistrate, Mayurbhanj, by forming an unlawful assembly and obstructed entry into the office. In the said ...
Balakrishna Rout and ors. Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2008
Reported in: 2008(I)OLR227
R.N. Biswal, J.1. This appeal is directed against the judgment and order dated 23rd December, 1991 passed by the learned Addl. Sessions Judge, Bolangir in Sessions Case No. 96/15 of 1990 wherein while acquitting all the accused persons numbering nine of the charge under Sections 148/307/149 of the I.P.C., he convicted accused-appellants, Agni Kumar Meher and Dalaganjan Meher for the offence under Section 325 of I.P.C. and sentenced them there under to undergo R.I. for one year each accused-appellant Gandharba under Section 324 of the I.P.C. and accused Balkrishna Rout @ Hadu and Pahilman Rout for the offence under Sections 324/34 of the I.P.C. and sentenced them thereunder to undergo R.I. for six months each.2. Shorn of unnecessary details, case of the prosecution is that on 2.6.1990 at about 11.30 A.M., while P.W.11, the Headmaster of Luhasinga U.P.School was going on a scooter being driven by P.W.9 to his School to receive his salary, on the way, the scooter developed some mechanical...
Sonu Bhotra Vs. State of Orissa
Court: Orissa
Decided on: Jan-04-2008
Reported in: 105(2008)CLT277; 2008(I)OLR544
P.K. Tripathy, J.1. Accused has preferred this appeal from the Jail against the order of conviction under Section 304, Part-II, I.P.C. and sentence of rigorous imprisonment for ten years imposed by Learned Addl. Sessions Judge, Nabarangpur in Sessions Case No. 15 of 2000, arising out of G.R. Case No. 364 of 1998 of the Court of Judl. Magistrate First Class, Umerkote.2. Prosecution case is that on 15.12.1998 in village Rengabhati, Bhanumati Bhotra alias Bhanu, the deceased and Jamuna Bhotra (P.W. 2) were engaged in catching fish in a paddy land in their village. Accused arrived there at about noontime and offered a medicine to be taken by the deceased. Latter refused to consume that medicine and then accused threw a stone, which hit on her left side ribs and she fell down. The deceased in injured condition was brought to the village and thereafter she was taken to Addl. P.H.C., Raighar, where Dr. Niranjan Padhi (P.W. 11) examined the injured and found one abrasion of the size of 2' x 2'...
Arun Kumar Das Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Jan-04-2008
Reported in: 105(2008)CLT270; [2008(117)FLR131]
B.P. Das, J.1. The Petitioner, who was appointed on contractual basis as a Co-operative Education Instructor in the National Cooperative Union of India ('NCUI' in short) Field Project at Angul, has filed this Writ Petition with a prayer to quash the Office Memorandum dated 13.06.2006 issued by OP No. 3-Chief Executive of NCUI vide Annexure-12 by which he was allowed to work in the said Project till 31.07.2006 only, after which his term would stand expired automatically and in no case his services would be required any more.2. This Writ Petition was filed on 14.07.2006 and notice was issued on 20.07.2006 on the Writ Petition as well as on the stay petition. Interim order was passed on 31.07.2006 to maintain status quo as on that date in respect of the service of the Petitioner till the next date and the said order is continuing.3. As it appears, while the Petitioner was working as a Cooperative Education Instructor in the NCUI Field Project at Angul, a decision was taken by the NCUI, Ne...
Ashok Kumar Panda Vs. State Project Director, O.P.E.P.A.-cum-director ...
Court: Orissa
Decided on: Jan-04-2008
Reported in: 2008(1)OLR391
ORDERN. Prusty, J.1. The petitioner, who was one of the applicants for his engagement as Sikhya Sahayak under Pattamundai Block in the district of Kendrapara, has filed this writ petition for a direction to the opposite parties to reconsider his case for his engagement as Sikhya Sahayak as per the Additional provisional merit list (Annexure-4).Heard Mr. Barik, learned counsel for the petitioner and Mr. H.P. Rath, learned Standing Counsel for School and Mass Education Department.Learned counsel for the petitioner submits that even though the petitioner belongs to Kendrapara Block, he had applied to be engaged as Sikhya Sahayak in respect of the vacancy in Pattamundai Block and for such engagement he had filed a resident certificate as a resident of Pattamundai Block. Even though his name finds place in the additional provisional merit list at Sl. No. 2, he has not been given engagement and persons securing less marks than him have been engaged. Learned counsel submits that his case is c...
Dullav Khora Vs. the State
Court: Orissa
Decided on: Jan-04-2008
Reported in: 2008(I)OLR594
L. Mohapatra, J.1. The appellant, having been convicted for commission of offence under Sections 302 of the Indian Penal Code and sentenced to imprisonment for life, has preferred this appeal challenging the order of conviction and sentence passed by the learned Additional Sessions Judge, Jeypore, Camp-Malkangiri in S.C. No. 23/95.2. Case of the prosecution is that on 23.1.1995 at about 5 P.M. while the deceased along with P.W.1 were going from their village Manusha to village Bhimarangini to the house of P.W.2 to observe 'PAUSA PARBA', there was a quarrel between the deceased and two accused persons charge-sheeted including the appellant. It is further Case of the prosecution that the appellant Dullav along other accused picked up quarrel with the deceased and dragged him. P.W.1 out of fear ran to the house of P.W.2 and informed about the incident. Immediately thereafter P.W.2 along with some villagers came in search of the deceased but could not trace him. On the next date, i.e. 24.1...
Ashok Kumar Panda Vs. State Project Director, O.P.E.P.A.-cum-director, ...
Court: Orissa
Decided on: Jan-04-2008
Reported in: 105(2008)CLT544
ORDERN. Prusty, J.1. The Petitioner, who was one of the applicants for his engagement as Sikhya Sahayak under Pattamundai Block in the district of Kendrapara, has filed this Writ Petition for a direction to the Opposite Parties to reconsider his case for his engagement as Sikhya Sahayak as per the Additional provisional merit list (Annexure-4).2. Heard Mr. Barik, Learned Counsel for the Petitioner and Mr. H.P. Rath, Learned Standing Counsel for School and Mass Education Department.3. Learned Counsel for the Petitioner submits that even though the Petitioner belongs to Kendrapara Block, he had applied to be engaged as Sikhya Sahayak in respect of the vacancy in Pattamundai Block and for such engagement he had filed a resident certificate as a resident of Pattamundai Block. Even though his name finds place in the additional provisional merit list at SI. No. 2, he has not been given engagement and persons securing less marks than him have been engaged. Learned Counsel submits that his cas...
Sri Bijaya Kumar Nayak and Four ors. Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Jan-03-2008
Reported in: 2008(I)OLR312
ORDERHeard learned Counsel for the petitioners and learned Counsel for the State.1. The petitioners five in number and the members of the Orissa Superior Judicial Service (Sr. Branch). They have been recruited directly from the Bar and are holding different posts in the same cadre. The brief facts, as de delineated in the writ petition, tend to reveal that as per Rule 13 of the Orissa Superior Judicial Service (Sr. Branch) Rules, 1963 (hereinafter referred to as the 'Rules'), the petitioners are entitled to draw advance increments with effect from their initial date of joining. Rule 13 of the said Rules provides as follows:The initial pay of a direct recruitee to the Senior Branch of the Service shall, on each occasion of his appointment whether in a temporary or in a permanent vacancy be fixed at such stage in the time scale of pay for the service by allowing one advance increment for such three years of Bar practice subject to the maximum of four advance increments.According to Dr. R...
Laxma Gagarai Vs. State of Orissa
Court: Orissa
Decided on: Jan-03-2008
Reported in: 105(2008)CLT580
L. Mohapatra, J.1. This appeal is directed against the Judgment and order of conviction and sentence passed by Shri S.K. Mishra, Additional Sessions Judge, Rourkela in Sessions Trial No. 91/26 of 1994 convicting the Appellant under Section 302 IPC for causing murder of one Menja Munda and sentencing him to imprisonment for life and also convicting the Appellant for commission of offence under Section 307 IPC for attempting to commit murder of Sukram Sandil alias Tuti and Ramdas Manki and sentencing him to imprisonment for seven years for the aforesaid offence, but at the same time directing both the sentences to run concurrently.2. The case of the prosecution is that on the date of occurrence, Appellant assaulted one Laxmi Majhi with a sword who protected the blow by raising her hand and sustained cut injury in her right hand and shouted for help. When her brother came out of the house, Appellant chased him holding the sword. Laxmi Majhi followed the Appellant to know the fate of her b...
Kuber Khadia Vs. State of Orissa
Court: Orissa
Decided on: Jan-03-2008
Reported in: 105(2008)CLT602
L. Mohapatra, J.1. This appeal is directed against the Judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, Bolangir in Sessions Case No. 85/22 of 1996 for convicting the Appellant under Section 302 IPC and sentencing him to imprisonment for life.2. The case of the prosecution is that on the date of occurrence, i.e. on 13.6.1996 at about 4.00 p.m., the deceased-Dhubaleswar Parua had gone to Bagdol side by a cycle to bring fire-wood. In and around evening, Goal Parua (P.W.1), the brother of the deceased was informed by one Dukha Luha that the Dhubaleswar was lying by the side of the road near village Khasakhuta being injured. On receipt of the information, P.W. 1 and some others went to the spot and found Dhubaleswar lying in an unconscious state with injuries on his head and face. After administering water, he regained sense. On query he stated that the Appellant assaulted him by the blunt side of a tangia. Thereafter he was carried to the Belp...
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