Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR108
G.B. Pattnaik, J.1. This is a defendant's appeal against a confirming judgment in a suit for compensation for malicious prosecuticm' and the only question that is urged by the appellant's counsel is that the suit is barred by limitation.2. Plaintiffs filed the suit alleging that without any basis or any reasonable cause, the defendant who is a veteran litigant prosecuted the plaintiffs by filing a complaint case, being complaint case No. 83 of 1977 on the allegation that while the plaintiffs were cutting paddy on iheir land the defendant demanded for repayment of loan from Gandu and plaintiff No, 1 instigated Gandu not to make any repayment of loan money. Said Gandu was alleged to be a Halia under the plaintiffs. When the defendant objected to such instigation by the plaintiff No. 1, the plaintiffs abused and rushed to assault him and, therefore, the complaint case was filed alleging commission of offences Under Section 504 and 3&2, IPC. The criminal case ended in acquittat and the def...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR130
A. Pasayat, J.1. On the basis of evidence obtained subsequent to forwarding of report under Sub-section (2) of Section 173 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Investigating Officer forwarded a report to the learned Judicial Magistrate, First Class, Nimapara, who took cognizance of offence punishable Under Section 307 read with Section 34, Indian Penal Code, 1860 (in short, IPC), in addition to cognizance taken in respect of offences punishable Under Section 341, 325, 323 read with Section 34, IPC. The accused-petitioners have assailed legality of the order. According to the learned counsel for petitioners, the action taken by the learned JMFC is contrary to law. The learned counsel for State and the informant have submitted that the learned JMFC acted within the para meter of law and the order is perfectly legal.2. In order to appreciate the rival submissions it is necessary to refer to Section 173 of the Code, which deals with the role of police officer on ...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR165
L. Rath, J.1. A question of considerable importance as to the relative scope of Section 138 of the Negotiable Instruments Act, 1891 (hereinafter referred to as 'the Act') for launching prosecutions when cheques are dishonoured falls for decision in this case. A preamble of the facts is necessary to introduce the question. The petitioner is a proprietorship firm having business of supply of building materials and for the purpose, uses to get A. C. Sheets of different brands including Konark brand manufactured by the opposite party-company. The agreement for payment of the cost of A. C. Sheets was both cash and credit. There were some oustanding dues against the petitioner against 0. A. No. 367 of the opposite party and goods invoice No. DAD 535 dated 11-11-1892. It is the petitioner's case that against the amounts outstanding cash payment of Rs. 41,000/- was made and after adjustment of a sum of Rs. 22,000/- in the accounts, a sum of Rs. 19,000/- was outstanding for payment for which he...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 78(1994)CLT187; 1994(I)OLR285
L. Rath, J.1. An order passed by the learned Subdivisional Judicial Magistrate, Bhubaneswar recalling the process issued against the opposite party on a complaint Under Section 500 read with Section 34, IPC brought by the petitioner arraigning the opposite party as accused No, 3 is assailed in the present petition. The bare facts are that the complaint was filed alleging commission of offence by Shri Pritish Nandy, the Editor and Publisher of the Illustrated Weekly of India and Dr. Claude Alvares as also the present opposite party alleging that the petitioner was a Cabinet Minister of the Government of India since 23-4- 1989 and was Minister of Environment and Forest til! 2-4-1990. Two issues of the Illustrated Weekly of India were published for the period July 29-August 4, 1990 and August 26-September 1, 1990 respectively containing articles captioned,'A Hallow Mockery'' and 'The Real issues, Both the articles contained defamatory imputations and aspersions against the petitioner. The...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-1993
Reported in : 1994CriLJ2254
A. Pasayat, J.1. Seventeen persons (each one of them hereinafter described as the 'accused') have filed these two appeals against the judgment of conviction and sentence passed by learned Sessions Judge, Bolangir in S.C. No. 64 of 1985. Jayalal Sahu is the appellant in Criminal Appeal No. 96 of 1988, whereas sixteen others are appellants in Criminal Appeal No. 107 of 1988. Since the points of attack as raised by the appellants and combat as pressed by learned Counsel for State are common, these two appeals are disposed of by this common judgment.2. All the seventeen accused persons faced trial being charged with commission of offences punishable under Sections 302 and 436 read with Section 149 of the Indian Penal Code, 1960 (in short, '1PC') on the accusation of having committed (a) murder of Balakrushna Barik (hereinafter referred to as the 'deceased'), and (b) mischief by fire by causing destruction of residential house of one Banamali Sahu of village Luhuramunda.3. Shorn of unnecess...
Tag this Judgment!Court : Orissa
Decided on : Dec-21-1993
Reported in : 1994(I)OLR296
G.T. Nanavati, A.C.J.1. The State has filed this petition challenging the judgment passed by the 2nd Additional District Judge, Berhampur in Miscellaneous Appeal No. 1 of 19S9. By the {impugned judgment, the learned Additional District Judge has set aside the order of confiscation of some logs/timber, which were found in illegal posse- ssion of opp. party No. 4, passed by the Authorised Officer-cum- Assistant Conservator of Forests, Ghumsur South Division.2. On 7-1-1934, the Range Officer, Kodala, found forest produes such as teak sawn timbers, teak sawn planks, teak timbers., sal timbers, kasi logs, sisoo logs and sal and non-sal containing poles in the premises of opp. party No. 4 No hammer marks were found on the togs. On being called upon, opp. party No. 4 failed to produce any permit or document to show his lawful possession of the said forest produce. The Range Officer, therefore, seized the logs and initiated a proceeding against opp. party No. 4. Ha also made report of the seiz...
Tag this Judgment!Court : Orissa
Decided on : Dec-13-1993
Reported in : 78(1994)CLT246; 1994(I)OLR73
D.M. Patnaik, J.1. The appellant assails his conviction and sentence of rigorous imprisonment for one year and fine of Rs, 500/-on both counts under Sec.5 (2) read with Section 5(1)(d) of the Prevention of Corruption Act (for short, 'the Act') and Section 161 of the Indian Penal Code. Both the sentences to run concurrently.2. Prosecution case is, at the relevant time the appellant was serving as Live-Stock Inspector in village Indipur in the district of Dhenkanal. On 29-3 1986 at '7.30 p.m. it was alleged that he demanded and accepted a sum of Rs. 200/- from PW 3 as bribe for payment to the Branch Manager of the Dhenkanal Gramya Bank, Indipur Branch, for early sanction of the loan of PW 3 Previous information to this having boen lodged with the vigilance, the raiding party at the above hour near the house of the appellant in the said village recovered marked currency notes from the possession of the appellant to which the appellant admitted to have received for payment to the Branch Ma...
Tag this Judgment!Court : Orissa
Decided on : Dec-10-1993
Reported in : 1994(I)OLR125
A. Pasayat, J.1. M/s. St. Marry's Oil Industries through Joseph Verghese Managing Partner calls in question legality of the order passed by learned Sub-Divisional Judicial Magistrate, Sadar, Cuttack (in short, the 'SDJM') while dealing with application made by the petitioner and Cuttack Municipality (in short, the 'Municipality,) relating to certain articles seized which the Municipality prayed for permission to destroy.2. Sans unnecessary details the background facts are as follows :Petitioner claims to have sent about 1519 tins of coconut oil of different brands to Cuttack on 11-11-1991 through South Eastern Roadways (hereinafter referred to as the 'carrier'), to be delivered at the depot of petitioner at Cuttack. The Food Inspector attached to Cuttack Municipality collected samples on 21-12-1991 out of tins bearing Deepak brand. Petitioner's grievance is that though Municipality claims to have got the sample analysed, yet the report of such analysis was not made available to it, for...
Tag this Judgment!Court : Orissa
Decided on : Dec-10-1993
Reported in : 1994(I)OLR176
A. Pasayat, J.1. Twelve persons who are opp. party Nos. 1 to 12 in this revision application, faced trial on the basis of an information lodged by the present petitioner, for allegedly having committed offences punishable Under Section 341 and 294 read with Section 34 of the Indian Penal Code, 1860 (in short. 'IPC')- The learned Judicial Magistrate, First Class, Nayagarh did not accept the prosecution allegations, and directed their acquittal Under Section 255(1) of the Code of Criminal Procedure, 1973, (in short, the 'Code').2. The background facts as projected by the prosecution are as follows :On 7-10-1987 at about 9 a. m. some of the villagers of Bakala- bandha were returning from Kanjian forest with fuel wood on their bullocks. On the way, at the outskirt of village Khutubandha some of the villagers of the said viilage(the accused persons headed by Narayan Biswal) restrained them and told them that the villagers of Bakalabandha cannot go on the village road of Khutubandha with the...
Tag this Judgment!Court : Orissa
Decided on : Dec-06-1993
Reported in : 1994(I)OLR320
K.C. Jagadeb Roy, J.1. The present petitioner was the complainant before the Sub-Divisional Judicial Magistrate,Cuttack in ICC Case No. 65 of 1991 who filed his complaint petition on 19-6-1991. He has retired from service on 31-7-1991 while being a senior officer in the Indian Administrative Service was working as the Settlement Officer, Cuttack-Puri Major Settlement. He preferred the aforesaid complaint case after having found that some defamatory allegations of misappropriation had been published in the local newspaper 'Prajatantra'wherein it was also alleged that he had received illegal gratifications and had shown undue favours. The learned Sub- Divisional Judicial Magistrate, however, refused to take cognizance against the present opp. parties who are the Editor, Printer and Publisher of Prajatantra, a daily newspaper having its place of publi- cation at Cuttack. The petitioner-complainant examined himself before the Magistrate and gave his initial statement which was recorded but...
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