Court : Orissa
Decided on : Dec-23-1988
Reported in : 67(1989)CLT285; I(1990)DMC315
K.P. Mohapatra, J.1. This is a petition under Section 482 of the Code of Criminal Procedure ('Code' for short) praying for quashing the order dated 17-11-1986 passed by the learned Sub-divisional Judicial Magistrate, Nayagarh directing the petitioner to deposit arrear maintenance of Rs. 2400/- which was due to the opposite parties. A few relevant facts may be stated. Opposite party No. 1 Malemon Bibi and opposite party No. 2 Abdul Asak Khan are the wife and son respectively of petitioner Abdul Rauf Khan, an advocate of Nayagarh. The petitioner divorced opposite party No. 1 in 1970 after which opposite party No. 2 the minor son, lived with the mother. The opposite parties claimed maintenance under Section 488 of the old Code in Criminal Miscellaneous Case No. 13 of 1971. Maintenance at the rate of Rs. 50/- and Rs. 25/- was awarded in favour of the mother and the son respectively. Subsequently, on account of rise in the cost of living; the opposite parties in Criminal Misc. Case No. 14 o...
Tag this Judgment!Court : Orissa
Decided on : Dec-14-1988
Reported in : 1989CriLJ1872
ORDERD.P. Mohapatra, J.1. The delinquents in the proceeding under Section 107, Criminal Procedure Code (for short 'the Code') have filed this application under Section 482 of the Code praying to quash the proceeding in Criminal Misc, Case No. 713 of 1988 pending in the court of the Executive Magistrate, Puri. The proceeding was initiated at the instance of the opposite parties 2 to 14 who are arrayed as the first party therein. The ground on which the proceeding is challenged is raised very often in such proceedings. It is this : The learned Magistrate issued the notices merely on the police report without holding any independent enquiry.2. It appears from the records that oh getting the report of the Officer-in-charge, Kakatpur Police Station, the learned Executive Magistrate, Puri felt satisfied from the said report that there was apprehension of imminent breach of the peace and disturbance of public tranquillity and that action under Section 107 of the Code was necessary to be taken...
Tag this Judgment!Court : Orissa
Decided on : Dec-12-1988
Reported in : 67(1989)CLT674; 1989CriLJ640
ORDERL. Rath, J.1. The petitioners were prosecuted in G.R. Case No. 722 of 1977. Petitioners 1 and 2 were convicted under Sections 123/325/342 IPC and sentenced to undergo R.I. for three months on each count with direction for the sentences to run concurrently. Petitioners 3 and 5 were convicted under Section 323 I PC and sentenced to R.I. for fifteen days and petitioners 4 and 6 were convicted under Sections 323/342 IPC and sentenced to R.I. for one month on each count with direction for the sentences to run concurrently. Their appeal preferred against the aforesaid convictions and sentences having failed, they have preferred the present revision.2. The prosecution case as revealed is that on 19-9-77. when P.Ws. 1 and 4 accompanied by P.Ws. 2 and 3 were proceeding towards Jaipur to attend the court of the Executive Magistrate in connection with Criminal Misc. Case No. 224/76 under Section 107 Cr. P.C. between P.Ws. 1 and 4 and the petitioners, they were ambushed by the petitioners. P....
Tag this Judgment!Court : Orissa
Decided on : Nov-15-1988
Reported in : 1989(20)ECC71; 1992(61)ELT600(Ori)
K.P. Mohapatra, J.1. The petitioners are accused in 2(c) C.C. No. 43 of 1985 in the Court of the Special Additional Chief Judicial Magistrate, Cuttack, and have challenged the order passed on 31-1-1985 by which cognizance of offences under Sections 9(1), (b), (bb) of the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act') read with Rules 9(1), 53, 173B, 173C, 173F and 173G of the Central Excise Rules, 1944 (for short 'the Rules') against them.2. The short facts which can be gathered from the prosecution report filed by the Assistant Collector of Central Excise, Cuttack, are that the petitioners being manufacturers of aluminium ingots and aluminium powder in their factory at Rairangpur in Mayurbhanj district removed and sold away 22,005.437 kgs, of aluminium powder under private challans without payment of central excise duty and without issuing central excise gate pass. They also did not file classification and price lists. Thereby they violated several provisions...
Tag this Judgment!Court : Orissa
Decided on : Oct-31-1988
Reported in : 67(1989)CLT456; 1989CriLJ739
ORDERG.B. Patnaik, J.1. The order of the Sub-Divisional Judicial Magistrate, Angul rejecting the petitioners prayer to hand over the Seized truck in his custody during the pendency of the criminal case is being challenged in this revision.2. Petitioner's case briefly stated is that he is the representative of Coromandel Finance Company Limited, who has the hire purchase business. Pursuant to a hire purchase agreement between the said finance company and opposite party No. 2, a sum of Rs. 2,35,900/- was advanced to opposite party No. 2 for purchase of the vehicle C.R.D. 7801. The amount in question was to be repaid in thirty five instalments as contained in the agreement itself, The vehicle was purchased from one Ramdas Motor Transport Company and though in the register of Book, opposite party No 2 was described as a registered owner, but in the insurance policy as well as in the registration book, it was specifically mentioned that the financing company would continue to be the owner o...
Tag this Judgment!Court : Orissa
Decided on : Sep-19-1988
Reported in : 1989CriLJ648
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment of the First Additional Sessions Judge, Ganjam, Berhampur dated 25-2-1984, in Criminal Appeal No. 34/83 (147/82-GOC), confirming the order of conviction passed by the Chief Judicial Magistrate, Ganjam, Berhampur, in 2(c) C.C. No. 295/79, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and sentencing the petitioner thereunder to pay a fine of Rs. 3000/-.2. The gist of the prosecution case is that on 1-9-1979 at about 6 p.m. the Food Inspector. Berhampur Municipality visited the business premises of the petitioner and duly took samples of til oil, higer oil and groundnut oil exposed for sale and sent them to the Public Analyst for examination, when the Analyst reported that all the samples were adulterated, and so after getting the necessary sanction, the petitioner was prosecuted under Section 16(1)(a)(i) of the Act.3. After proper appreciation of the evi...
Tag this Judgment!Court : Orissa
Decided on : Sep-13-1988
Reported in : 1989CriLJ1038
ORDERV. Gopalaswamy, J.1. This revision is preferred against the judgment dated 27-10-1984 passed by the Second Additional Sessions Judge, Berhampur, in Criminal Appeal No. 66 of 1983 (8/83-G) confirming the order of the Judicial Magistrate, First Class, Bhanjanagar, in G. R. Case No. 217 of 1987, convicting the petitioner under Section 323, I.P.C. and sentencing him thereunder to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of one year, with a direction that out of the fine amount, if realised, an amount of Rs. 250/- be paid to P.W. 3 Balkrishna Bisoi.2. On a proper consideration of the evidence of P.Ws. 1 to 4 and the evidence of the doctor (P.W. 5), both the Courts below have come to a finding that the petitioner had voluntarily caused grievous hurt to Balakrishna Bisoi (P.W. 3) by giving a blow on his neck with a Kati and thereby rendered himself liable under Section 326, I.P.C.3. At the...
Tag this Judgment!Court : Orissa
Decided on : Sep-12-1988
Reported in : 66(1988)CLT816; 1989CriLJ1025
ORDERG.B. Patnaik, J.1. This application has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, as the petitioner's application for release of the motor vehicle was rejected by the learned Magistrate and on revision, the said order of rejection has been affirmed,2. In connection with G.R. Case No. 232 of 1988 under Sections 436/323/427/379, Penal Code, a truck bearing registration under ORL 537 was seized by the Investigating Officer on 22-7-1988. The petitioner is admittedly the owner of the said truck. After the seizure, the petitioner filed an application invoking the jurisdiction of the Magistrate under Section 457 of the Code of Criminal Procedure for getting custody of the vehicle. The learned Magistrate rejected the said application solely on the ground that the case being one triable by Court of Session, he had no jurisdiction to deal with the application. The petitioner, therefore, carried a revision to the Court of Session....
Tag this Judgment!Court : Orissa
Decided on : Sep-03-1988
Reported in : 1989CriLJ1547
G.B. Patnaik, J.1. Appellant Nityananda Pasayat alias Beda has been convicted under Section 302, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life for having intentionally caused the death of deceased Banabasa Bank by the learned Additional Sessions Judge, Sambalpur. Along with him four other accused persons stood charged under Sections 148, 149, 323, 324 and 302, Indian Penal Code. Accused Kulamani alias Kuladhar, Krushna, Debarchan and Satyananda were separately charged under Section 323, Indian Penal Code. The learned Trial Judge convicted the accused-appellant only under Section 302, Indian Penal Code, and so far as the other accused persons are concerned, they were convicted under Section 323, Indian Penal Code, and were sentenced to pay a fine of Rs. 150/- each, in default to undergo rigorous imprisonment for fifteen days each. All other charges against the other accused persons as well as the appellant were held not to have been established. The...
Tag this Judgment!Court : Orissa
Decided on : Aug-29-1988
Reported in : 66(1988)CLT560; 1989CriLJ556
K.P. Mohapatra, J.1. This is an appeal against the judgment passed by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Sub-section (2) read with Sub-section (1)(d) of Section 5 of the Prevention of Corruption Act (hereinafter referred to as the 'Act') and Section 471 of the Indian Penal Code ('I.P.C.' for short) and sentencing him in undergo rigorous imprisonment for one month for the former offence without passing a separate sentence for the latter one.2. Prosecution case in brief is that the appellant was serving as an Operator 'A' in the Talcher Thermal Flam under the Orissa State Electricity Board during 1973 to 1975. By production of false and forged prescriptions, cash-memos and essentiality certificates on the ground of the Illness of his family .members and his own illness, he drew a total sum of Rs. 2923.58 as medical reimbursement on bills (Exts. I to 6) and obtained pecuniary advantage to himself. When this fact was discovered a written report(...
Tag this Judgment!