Court : Orissa
Decided on : Dec-20-1994
Reported in : 1995(I)OLR319
A. Pasayat, J.1. Petitioner calls in question legality of order dated 11-3-1992 passed by Judicial Magistrate First Class Bhawani-patna taking, cognizance of offences punishable under Sections 176 and 202 of the Indian Penal Code, 1860 (in short IPC) and directing issue of notice to him to face trial. Action was taken on the purported exercise of power conferred under Section 319 of the Code of criminal Procedure, 1973 (in short, the Code on the basis of an application filed by one Uma Sankar Mund (opp. party No. 2) (hereinafter referred to as the accused Petitioner's application for revision of the order before learned Sessions Judge Kalahandi Bhawanipatna did not bring any relief and thereafter this application has been filed.2. Background facts sans unnecessary details are as follows : Petitioner while working as Project Manager in Kalahandi Utilisation Division of Similipahar Forest Development Corporation Ltd. (in short, 'Corporation' ) detected certain forgeries and misappropriat...
Tag this Judgment!Court : Orissa
Decided on : Dec-12-1994
Reported in : 1995(I)OLR443
A. Pasayat, J.1. In this appeal, Narayan Bagh (hereinafter referred to as the 'accused') calls in question legality of judgment passed by learned Sessions Judge, Koraput, Jeypore, finding him guilty of an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act'), and sentencing turn to undergo rigorous imprisonment for one year and six months.2. Prosecution case, in brief, runs as follows :On 6.8.1993, at about 8 p. m. Patroling Police Party of Jeypore Town Police Station found the accused standing near the Old North Check Gate. Jeypore holding a polythene bag. He was accused in Jeypore Town Police Station Case No. 149 of 1993, and was to be arrested in that case. Seeing him police official got down from the jeep and went to arrest him. But on seeing them he started running. He was chased and was caught with the polythene bag in his hand. On opening the bag, ganja was found inside. He was brought to the Town Police Stati...
Tag this Judgment!Court : Orissa
Decided on : Dec-09-1994
Reported in : 1995CriLJ3064
ORDERA. Pasayat, J.1. This is an application under Section 432 of the Code of Criminal Procedure, 1973 (in short, the 'Code') questioning correctness of order passed by learned Sub-Divisional Judicial Magisrate, Jaipur (in short, the SDJM) taking cognizance of offence punishable Under Section 395 of the Indian Penal Code, 1860 (in short, 'IPC') and directing issue of process to petitioners. According to them, ingredients necessary to constitute an offence punishable Under Section 395, IPC are absent and cognizance as taken and direction for issue of process as given is not sustainable in law. Learned counsel for opp. parties on the other hand supports the order, abeting that learned SDJM has taken note of all relevant aspects.2. In order to constitute an offence punishable Under Section 395, IPC, evidence must prove that robbery was committed or attempted. Section 395 prescribes punishment for simple dacoity, while Sections 396 and 397 deal with grievous forms of dacoity accompanied wi...
Tag this Judgment!Court : Orissa
Decided on : Dec-08-1994
Reported in : 1995(2)ALT(Cri)21; 1995(I)OLR390
A. Pasayat, J. 1. Order of acquittal passed by learned Judicial Magistrate, first class, Bhubaneswar (in short, 'JMFC') in G. R. Case No. 1875 of 1991 is the subject-matter of challenge in this application by the informant. Maguni Charan Behera (opp. party No, 2) (described as 'accused' hereinafter) faced trial before the learned JMFC on the accusation of having committed an offence punishable under Section 406 of the Indian Penal Code, 1860 (in short, 'IPC'). Law was set into motion on the accusation of petitioner (hereinafter referred to as the 'informant'). 2. It is not necessary to set out the factual position in detail. The essential features are as follows : By order dated 15-2-1993, the learned JMFC directed issue of summons to the charge-sheet witnesses fixing their appearance to 13-3-1993. On that date no witness was present. Order was again passed to issue summons to the charge sheet witnesses 1 to 4 fixing 3-4-1993. The process was repeated on 3-4-1993, 28-4-1993 and 11-5-19...
Tag this Judgment!Court : Orissa
Decided on : Dec-07-1994
Reported in : 1995(I)OLR326
A. Pasayat, J. 1. Background facts preceding the presentation of this application for revision according to the petitioner are as follows: On the basis of information lodged by petitioner Ranjan Kumar Pati, described as informant, law was set into motion. According to the informant, he had ready-made garments cloth store at Haldipal bazar in Balasore district. About mid-night of 9-7-1S90, some unknown culprits secretly entered into his shop by breaking open its wall and committed theft of ready-made garments and clothes. On the next day the informant came to know the incident, verified the stock and found that articles worth about twenty to twenty-five thousand rupees were stolen. He went to the Basta Police Station and presented a written report regarding the incident. Subsequently on 16-7-1990 the stolen articles were recovered from the possession of present opp. party Nos. 2 to 4 on the basis of their voluntary confession. The articles were seized on production by the father of info...
Tag this Judgment!Court : Orissa
Decided on : Nov-30-1994
Reported in : 1995CriLJ1762; 1995(I)OLR143
R.K. Patra, J. 1. In this application under section 482 of the Code of Criminal Procedure (in brief 'Code') the petitioner Balbir Singh seeks to qusah the order of cognizance taken under section 25 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as 'the Act') and the continuation of the proceedings against him.2. The gravamen of the allegation against the petitioner is that he permitted his vehicle to be used for commission of an offence under section 20(b) of the Act. The Prosecution case is that on 4/5-3-1993 (night) the Officer-in-charge of Boipariguda Police Station with some members of his staff was performing anti dacoity patrolling duty on the Main Road from Boipariguda to Malkangiri of the State Highway No. 6. At about 4-40 a. m. he noticed near village Tapajodi one vehicle coming from Govindapalli side towards Boipariguda. He stopped the vehicle and found that it was a Maruti ven, white in colour, bearing registration number OAS 7405. There...
Tag this Judgment!Court : Orissa
Decided on : Nov-23-1994
Reported in : I(1995)DMC657
A. Pasayat, J.1. In this revision application under Section 19 of the Family Courts Act, 1984 (in short, the Act'), order passed by learned Judge, Family Court, Rourkela accepting prayer for maintenance in respect of daughter of opposite party is the subject-matter of challenge.2. Ketaki (opposite party) lodged a claim under Section 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code') claiming maintenance of Rs. 1,000/- per month from petitioner Madhab for herself and her daughter alleging that she and petitioner had entered into wedlock and the daughter was their offspring. Her stand in short was as follows :She and Madhab belong to same village, Madhab was doing carpentry work along with her brothers, illicit sexual relationship developed between them, and they got married by exchanging garlands inside the jungle, Madhab led her to believe that they would be living together as husband and wife, persuaded her for sexual intercourse with him on several occasions, subseque...
Tag this Judgment!Court : Orissa
Decided on : Nov-23-1994
Reported in : 1995CriLJ1484
S.K. Mohanty, J. 1. This appeal from jail is directed against a judgment of conviction of the appellant for the offence under section 302, I.P.C. and sentence of imprisonment for life for having killed his mother Metkami Erra. 2. Prosecution case in brief is that the appellant quarrelled with his wife (P.W.3) suspecting her character and for this reason, the wife went away to her father's place. On 7-12-89 the appellant had gone to bring back his wife, but the wife did not come. In that evening the mother abused the appellant for having gone to bring his wife. In this regard, the appellant and his mother also quarrelled in the morning of 8-12-89 at about 6 A.M. when the appellant become furious and assaulted on the head of his mother by means of an axe causing her death. After the incident the appellant fled away with the axe. 3. When the charge for the offence under section 302, I.P.C. was read over and explained to the appellant, he pleaded guilty and made the statement that out of f...
Tag this Judgment!Court : Orissa
Decided on : Nov-22-1994
Reported in : 1995CriLJ1788
ORDERA. Pasayat, J.1. Order of learned Sub-Divisional Magistrate, Jaypore (in short SDM) directing institution of the case under Section 17 of the Bonded Labour System (Abolition) Act, 1976 (in short the 'Act') was assailed before the revisional forum, and learned Additional Sessions Judge, Jaypore having refused to accept the prayer for interference, this application for exercise of inherent power under Section 482 of the Code of Criminal Procedure Code, 1973 (in short the 'Code') has been filed.2. Acting on a report received from the Welfare Extension Officer, Khurda alleging that the petitioner Narayan Mohanty (hereinafter referred to as 'employer') had engaged Padam Talia (hereinafter referred to as 'Labourer') Direction for institution of the case under Section 17 of the Act was given, and parties were directed to appear before Court on 8-2-1991 to substantiate their respective claims. The report inter alia stated that the 'employer' had advanced a sum of Rs. 150/-, and the labour...
Tag this Judgment!Court : Orissa
Decided on : Nov-21-1994
Reported in : 1995(2)ALT(Cri)24; 1995(I)OLR297
A. Pasayat, J. 1. Petitioner's complaint against the opposite parties for alleged commission of offence punishable under Section 500 of the Indian Penal Code, 1860 (in short, 'IPC') having been dismissed, present application has been filed for revision under Section 401 of the Code of Criminal Procedure, 1973 (in short, the Code ).2. Petitioner filed a complaint inter alia stating that on account of a publication in the daily newspaper .The Pragatibadi', under the heading SAMBADA PATRA AGENT KU AKRAMANA published with the intention to defame him, he was defamed and the opposite parties (the news-reporter, publisher Managing Director and Editor of the concerned newspaper) were liable for punishment in terms of Section 500, IPC. The learned Judicial Magistrate, First Class Banpur dismissed the complaint under Section 203 of the Code, being of the view that the publication was protected in terms of Fourth Exception to Section 499, IPC.3. The learned counsel for petitioner submitted that a...
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