Court : Orissa
W.P.(C) No.5915 of 2013 Present : 07. 18.02.2014 Mr. Chittaranjan Nandy, petitioner in person. This petition seeks declaration that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter called the Act) is ultravires the Constitution.2. According to the petitioner, the subject matter of enactment is No.covered by the field of legislation in any of the entries of the VIIth Schedule to the Constitution. Sections 18 and 19 of the Act which make the provisions of Sections 438 & 350 of Cr.P.C. and Probation of Offenders Act inapplicable violate fundamental rights under Articles 14 and 15 of the Constitution. We have heard the petitioner in person, who is an Advocate. Law made by Parliament canNo.be held to be beyond the legislative competence unless the same is shown to be covered by the State List. This being the position, the plea of the petitioner with regard to the lack of legislative competence canNo.be accepted. As regards the plea of violation of Ar...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT, CUTTACK. FULL BENCH Jail Criminal Appeal No.4 of 2003 From the Reference dated 20.05.2009 by the Division Bench consisting of Honble Sri Justice L. Mohapatra and Honble Sri Justice Pradip Mohanty. ---------- Gurua Naik Appellant Respondent Versus State of Orissa For Appellant : Mr. Gourisankar Pani, Advocate. For Respondent : Mr. Debasis Panda, Addl. Govt. Advocate. ------------ PRESENT: THE HONOURABLE CHIEF JUSTICE MR. A.K. GOEL, THE HONOURABLE MR. JUSTICE C.R. DASH AND THE HONOURABLE DR. JUSTICE A.K. RATH ------------------------------------------------------------------------------------------------------------------------ Date of Hearing : 09.01.2014 Date of Judgment : 24.01.2014 ------------------------------------------------------------------------------------------------------------------------ C.R. Dash, J.This Reference by a Division Bench to the Larger Bench raises the question whether Grama Rakshi is a Police Officer within the meaning of that expressio...
Tag this Judgment!Court : Orissa
HIGH COURT OF ORISSA : CUTTACK CRLMC NO.3358 OF 2013 In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ----------William Michael Hurtubise . . Petitioner -VersusState of Odisha and others . . For petitioner Opp.parties : M/s. S.K.Gajendra, L.Pradhan and D.P.Das For Opp.Parties : Addl.Govt.Advocate PRESENT : THE HONOURABLE SHRI JUSTICE S.C. PARIJ.--------------------------------------------------------------------------------------------------------Date of Judgment: 17th January, 2014 --------------------------------------------------------------------------------------------------------- S.C. PARIJA, J.This application under Section 482 Cr.P.C. has been filed for quashing of the FIR, registered as Bhubaneswar Airfield P.S. Case No.220, dated 18.09.2013, corresponding to C.T.No.3611 of 2013, pending in the Court of the learned S.D.J.M., Bhubaneswar, under Section 25 of the Arms Act and to refund the cash security of Rs.50,000/- deposited by the p...
Tag this Judgment!Court : Orissa
CRLMC No.1794 of 2005 22 10.01.2014 Heard learned counsel for the petitioner and learned counsel for the State. None appears for opposite party no.1 inspite of service of notice by paper publication. This application under Section 482 Cr.P.C.has been filed challenging the order of cognizance dated 07.07.2005, passed by the learned S.D.J.M., Nayagarh, in 1.C.C.No.58 of 2005, taking cognizance of the offences under Sections 504/304-A I.P.C.and issuing process against the petitioner. The case of the petitioner is that on 25.02.2013, at about 11.00 P.M., when the petitioner was posted at the District Headquarters Hospital, Nayagarh, as ADMO, a patient, namely, Minati Pati, W/o. Gumani Pati of village/P.O.-Similisahi, P.S./Dist. Nayagarh, was admitted in the hospital for delivering a child. As the patient was No.in a fit condition to give birth to her child normally, inspite of efforts of a team of doctORS.the petitioner being the M.D.in Gynaecology, advised the patient and her attendant, w...
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
CRLREV NO.756 of 2013 02 02.12.2013 Heard learned counsel for the petitioner and the learned Standing Counsel for the C.B.I. Perused the Records.2. The petitioner assails the order dated 26.07.2013 passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No.36 of 2010 in rejecting the application filed by him under Section 227 of the Code of Criminal Procedure, 1973, hereinafter referred as the Code for brevity, to discharge him from the charges under Section 120-B, 420, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, hereinafter referred as the Act.3. In course of hearing, the learned counsel for the petitioner raised two points; firstly it is submitted that the petitioner No.being a public servant, as defined under Section 2 of the Act, canNo.be charged for the offence under Sections 120-B, 420, 468, 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of the Act; secondly, it is contended that there is no material on r...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT, CUTTACK. CRLMC No.134 of 2012 An application under Section 482 of the Code of Criminal Procedure, 1973. --------------- Hrudananda Sahu Petitioner Opp. Party Versus State of Orissa (Vigilance) For Petitioner : For Opp. Party M/s. S.K. Mund, H.K. Mund, A.K. Dei and J.B. Sahu, Advocates. : Mr. Prasanna Kumar Pani, Addl. Standing Counsel (Vigilance). --------------- PRESENT : THE HONOURABLE MR. JUSTICE C.R. DASH --------------------------------------------------------------------------------------------------------------------------- Date of Judgment : 09.10.2013 --------------------------------------------------------------------------------------------------------------------------- C.R. Dash, J.In this application under Section 482, Cr.P.C., the petitioner has invoked the inherent jurisdiction of this Court for quashing of the entire proceeding initiated against him in the Court of learned Special Judge (Vigilance), Keonjhar in T.R. Case No.84 of 2011 for alleged o...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK CRLMC No.3033 of 2011 In the matter of an application under Section 482 of the Code of Criminal Procedure. ---------Binaya Bhashan Kumar Biswasi Petitioners -versusState of Orissa (Vigilance) Opposite Party For petitioner : M/s. H.M. Dhal, B.B. Swain & A.K. Pattnayak. For opp. parties : Mr. P.K. Pani, Addl. Standing Counsel PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing:17.09.2013 & Dr. B.R.Sarangi, J.Date of Judgment: 07.10.2013 The petitioner invoking the jurisdiction under Section 482 Cr.P.C. files this application assailing the order dated 04.01.2010 passed by the learned Special Judge (Vigilance), Jeypore in Berhampur Vigilance P.S. Case NO.27 dated 23.07.2001 corresponding to G.R. Case No.27 of 2001(V) taking cognizance of the offence under Sections 471/477-A/120-B I.P.C. read with Section 27 of the Orissa Forest Act.2. The fact as revealed from the F.I.R. under Annexure-1 lodged by the Inspector of Police (Vigilance Cell Cuttack) is ...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK CRLMC No.1584 of 2011 In the matter of an application under section 482 of the Criminal Procedure Code. ---------Biswanath Mohanty and another Petitioners Opposite Party -versusKailash Ch. Mohanty and others For petitioners : M/s. Prabodh Ku. Pattnaik, M.K.Mishra, A.K.Mohanty S.K.Pattnaik & A.Panda. For opp. parties : M/s.Surkanta Dash, Hara Krushna Moharana (for opp. Parties 1 to5) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: 12.09.2013 | Date of judgment : 27.09.2013 Dr. B.R.Sarangi, J.The petitioners, who are the first party members, in a proceeding under Section 147, Cr.P.C., have filed this application assailing the order dated 6.1.2011 passed by the learned Ad hoc Addl. District & Sessions Judge, Jajpur in Criminal Revision No.57 of 2009 setting aside the order dated 16.10.2009 passed by the Executive Magistrate, Jajpur in Crl.Misc. Case No.272 of 2008.2. The fact of the case is that the first party members, petitioners herein, are...
Tag this Judgment!Court : Orissa
ORISSA HIGH COURT: CUTTACK CRLMC No.167 of 2002 In the matter of an application under Section 482 of the Code of Criminal Procedure. ---------Kamalakanta Modi and another Petitioners -versusState of Orissa and others For petitioners For opp. parties : : Opposite Parties M/s. K.K. Jena, A.K. Biswal & A.K. Behera. Mr. Zafarullah, Addl. Standing Counsel (opposite party no.1) PRESENT: THE HONOURABLE DR. JUSTICE B.R.SARANGI Date of hearing: Dr. B.R.Sarangi, J.05.09.2013 & Date of Judgment: 27.09.2013 This CRLMC has been directed against the order dated 17.5.2002 passed by the learned Adhoc Addl. District & Sessions Judge, Balasore in Criminal Revision No.70/2001 of 6/1998 confirming the order dated 5.1.1998 passed by the learned S.D.J.M., Balasore in I.C.C. Case No.113 of 1997 in which cognizance of offence under Sections 363/376/109, IPC was taken. 2 2. The short fact is that on 19.5.1996, Bhanja Parmanik, the father of the victim Sanjulata Parmanik lodged an F.I.R. before the Town P.S.,...
Tag this Judgment!