Court : Orissa
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7431 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------Ritima Dehuri W/o Late Udayanath Dehuri At/PO- Kanknamendhi P.S. Banigocha, Daspala, Dist: Nayagarh Petitioner -VrsState of Orissa and others For Petitioner ... : For Opp. Parties : Opp. parties M/s M.M.Pattnaik, D.P.Mohapatra, A.K.Sahu & P.Das Government Advocate ----------- P R E S E N T: THE HONBLE THE CHIEF JUSTICE V. GOPALA GOWDA AND THE HONBLE MR. JUSTICE B.N. MAHAPATRA -------------------------------------------------------------------------------------Date of Judgment:14. 03.2012 -------------------------------------------------------------------------------------B.N. MAHAPATRA, J.Petitioner, the mother of late Nalita Kumar Dehuri, who was arrested, detained and died in police custody, files this writ petition seeking for a direction to opposite parties to initiate a criminal proceeding against the erring police officers and for ...
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Reported in : 2002(II)OLR459
M. Papanna, J.1. Invoking inherent as well as extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner sought for quashing the Charge Sheet dated 9.2.1995 laid by the police against him in G.R.Case No. 2361 of 1994, now subjudice in the Court of the learned S.D.J.M., Bhubaneswar as well as order taking cognizance of offences under Section 279/337 of the Indian Penal Code read with Section 187 of the Motor Vehicles Act against him.2. On the accusation made by one Khadala Sahu, to the effect that on 26.7.1994 at 5 P.M. while he was going along C.B.I. Road after selling mixture at D.A.V. School Chhak, an Ambassador Car bearing Registration No. ORO 1141 being driven by its driver came from his backside at a very high speed and dashed against him, as a result of which he sustained bleeding injuries on his head for which he was immediately shifted to the City Hospital, Bhubaneswar for his treatment, Capital P.S.Case No. 599 of 1994 was regi...
Tag this Judgment!Court : Orissa
IN THE HIGH COURT OF ORISSA : CUTTACK O.J.C. No.13765 OF 1996 Abdul Rashid . Petitioner -VersusState of Odisha & others . For the petitioner For the opp.parties Opp.Parties None. Mr. R.K.Mohapatra, Government Advocate for O.P.Nos. 1 to 4. BEFORE THE HONOURABLE CHIEF JUSTICE MR. A.K.GOEL THE HONBLE DR. JUSTICE A.K.RATH Date of hearing : 11.12.2013 Date of Judgment : 11.12.2013 JUDGMENT AND ORDER ( A.K.Goel, CJ.) 1. This petition seeks a direction for an independent enquiry into the death of a child labour beaten to death.2. The case of the petitioner is that on 14.11.1996, one Rajunu Khan was working in a Bidi Company in Seikh Bazar was beaten to death by the owner and died on the spot. The matter was published in the daily newspaper The Samaj. on 18.11.1996. The parents of the deceased are poor and did No.take remedies. The Magistrate conducted the enquiry by getting the deadbody from the grave and found injuries on the deadbody. The deadbody was buried by the owner of the Bidi -2Com...
Tag this Judgment!Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
A. Pasayat, J.1. Even before the ink in certain judgments has become dry, divergence of view has surfaced and doubt regarding their correctness has arisen, relating to certain provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Though only one question was referred to the Full Bench for adjudication, members of the Bar pleaded that several other questions need a fresh look, and therefore, we have primarily considered the following questions :(1) Whether a Court of Session can, during transitional period as provided in Section 36-D of the Act take cognisance of an offence under the Act as a Court of original jurisdiction without the accused being committed to it for trial ?(2) Whether a remand beyond a period of fifteen days as indicated in Section 36-A(1)(b) is permissible ?(3) Whether the conditions in Section 37 of the Act relating to giant of bail override the effect of the proviso to Section 167(2) of the Code of Criminal Pro...
Tag this Judgment!Court : Orissa
Reported in : II(2005)DMC697; 2005(II)OLR277
B.P. Das, J.1. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure with a prayer to quash the proceeding in Criminal Appeal No. 55/1991 pending in the Court of Additional Sessions Judge, Puri arising out of the judgment and order of conviction passed by the Chief Judicial Magistrate, Puri in G.R. Case No. 1396 of 1989 on 10.4.1991.2. The brief facts leading to this application are that opposite party No. 3, who is the wife of the petitioner, filed an F.I.R. against the petitioner and others 5.7.89, basing upon which the aforesaid G.R. Case No. 1396 of 1989 was registered. The petitioner was charged under Sections 498-A and 379 of the Indian Penal Code (in short, 'the I.P.C.) and Section 4 of the Dowry Prohibition Act (in short, the D.P. Act) read with Section 34 of I.P.C. It is worthwhile to mention here that the petitioner was charged along with other co-accused persons and ultimately, the petitioner along with them was convicted by the learne...
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR470
M. Papanna, J.1. This is an application under Section 389 of the Code of Criminal Procedure filed by the petitioner (appellant) seeking suspension of order of conviction and sentence passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No. 45 of 1993 under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the P.C. Act.')2. The petitioner was put up on trial before the learned Special Judge (CBI), Bhubaneswar on the accusation that during his incumbency as Branch Manager of Koraput Panchabati Grarnya Bank at Kenduguda during the year 1991 he demanded as well as accepted bribe of Rs. 900/- in total from the loanees such as Pitamber Lim, Dayanidhi Lima, Samuel Lima and Ghani Misal out of loan amount under I.R.D.A. Scheme implemented by the B.D.O., Padampur. After trial, the learned Special Judge (C.B.I.), by a judgment dt. 12.10.2001 convicted the petitioner under Sections 7 and 13(1)(d) read with Section 13(2) of the P.C. Act a...
Tag this Judgment!Court : Orissa
Reported in : II(2001)DMC550
ORDERR.K. Patra, Actg. C.J.1. Is enforcement of the order of maintenance made under Section 125 of the Code of Criminal Procedure, 1973 anyway affected on coming into force of the Muslim Women (Protection of Rights and Divorce) Act, 1986? This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.2. Facts. The petitioner is a divorced woman who married to the opposite party according to the Muslim Law. She filed Criminal Misc. Case No. 253 of 1983 under Section 123 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M., Sambalpur. By order dated 24.4.1985 the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 160/- per month from 24.4.1985. As the amount was not paid, she filed Execution Case No. 137 of 1990 in the Court of S.D.J.M., Sambalpur for realisation of a sum of Rs. 1,920/- towards maintenance for the period from 30.7.1989 to 3...
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ2396
ORDERR.K. Patra, Actg. C.J. 1. Is enforcement of the order of maintenance made Under Section 125 of the Code of Criminal Procedure, 1973 any way affected on coming into force of the Muslim Women (Protection of Rights on Divorce) Act, 1986, This is the short question that arises for consideration in this revision filed by a divorced Muslim woman.2. FACTS. The petitioner is a divorced woman who married to the opposite party according to the Muslim law. She filed Criminal Misc. Case No. 253 of 1983 Under Section 123 of the Code of Criminal Procedure, 1973 against the opposite party in the Court of S.D.J.M., Sambalpur. By order dated 24-4-1985 the learned Magistrate allowed her case on contest directing the opposite party to pay her maintenance at the rate of Rs. 160/- per month from 24-4-1985. As the amount was not paid, she filed Execution CaseNo. 137 of 1990 in the Court of S.D.J.M., Sambalpur for realisation of a sum of Rs. 19207- towards maintenance for the period from 30-7-1989 to 30...
Tag this Judgment!Court : Orissa
Reported in : 2001CriLJ4151
ORDERL. Mohapatra, J.1. This application under Section 482, Cr. P.C. has been filed challenging the Judgment and order dated 11-6-2001 passed by the learned Additional Sessions Judge, Angul, in Criminal Revision No. 16 of 2001 dismissing the revision and confirming the order dated 7-6-2001 passed by the learned Sub-Divisional Judicial Magistrate, Angul, rejecting the prayer of the petitioner for release of the vehicle seized for offence committed under the provisions of the Wild Life (Protection) Act, 1972 ('the Act', for short).2. The case of the prosecution is that on 15-5-2001 at night while performing night patrolling on Angul-Tikarapada PWD Road, the Divisional Forest Officer, Satkosia Wild Life Division, detected a white Tata Indica car bearing registratipn No. OR-02-R/2879 coming from Tikarapada area towards Angul. The car was intercepted and during search a fresh dead common Indian hare' was detected lying inside the dickey of the car. Accordingly the car was seized and a seizu...
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT928; 1993(II)OLR265
D.P. Mohapatra, J.1. The short question that falls for determination in this case is whether during pendency of a proceeding under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, 'the Consolidation Act') initiation of a proceeding Under Section 145 o1 the Code of Criminal Procedure was bad.2. The first party in the proceeding Under Section 145, CrPC (Criminal Misc. Case No. 48 of 1991) has filed this revision petition Under Sections 397 and 401, CrPC challenging the order dated 12-11-1991 of the Executive Magistrate, Jajpur dropping the proceeding and leaving it to the parties to agitate the dispute regarding right, title, interest coupled with possession over the disputed land before the proper forum for decision.3. The factual backdrop of the case necessary for appreciation of the point formulated earlier may be stated thus :On perusal of the report of the Officer-in-charge, Jajpur Police Station and on being satisfied that there was...
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