Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR27
L. Mohapatra, J.1.This application under Section 482, Cr.P.C. has been filed challenging the order dated 10.9.1999 passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 41-S/10 of 1998-99 refusing the prayer to discharge the petitioner under Section 228 of the Code of Criminal Procedure and framing charge for commission of offences under Sections 302/109 of the Indian Penal Code against the petitioner.2. The petitioner and one Smt. Snehalata Naik are the accused persons in the aforesaid case. The said Snehalata Naik had married the deceased Ranjan Naik, who was working as Inspector of Police. In the night of 8th April, 1998 while the informant along with some Constables were on patrol duty, at about 1.40 A.M. they saw huge smoke coming out from the Government quarter in which the deceased was staying. When the informant and others went near the house, they found accused Snehalata Naik shouting 'fire, fire' and the daughter of the deceased was trembling out of fe...
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR418
L. Mohapatra, J.1. The petitioner in this application under Section 482, CrPC has challenged the order passed by learned S.D.J.M., Cuttack in G.R. Case No. 196 of 1990 taking cognizance of offences under Sections 465, 467, 468, 471, 477-A, 420, 109, 119, 120-B/34, IPC.2. Case of the prosecution so far as the present petitioner is concerned, is that during his tenure as Land Acquisition Officer, Cuttack he had referred claims of some fraudulent claimants to the Subordinate Judge, Cuttack under the provisions of the Land Acquisition Act for adjudication without applying judicial mind and without verifying records. On such allegations after investigation charge-sheet was submitted and in the charge- sheet, so far as the present petitioner is concerned, the following has been stated :'The Revenue Inspectors have very cunningly forged and manipulated the ledgers and ekapadia register through some few persons to avoid their complicity as it was learnt confidentially. As such, the Revenue Ins...
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR439
L. Mohapatra, J.1. This revision is directed against the order dated 15.2.1996 passed by learned J.M.F.C., Rampur in I.C.C. No. 22 of 1995 holding the criminal proceeding initiated against the opposite party not maintainable in absence of sanction from the appropriate authority under Section 197, CrPC.2. The petitioner is the complainant. The complaint was filed on the allegation that the petitioner is a teacher serving in Mayabarha U.P. School in the district of Sonepur where the opposite party was working as the Sub-Collector at the relevant time. On 5.9.1995 at about 10.30 A.M. when the petitioner entered into the school premises he saw the opposite party sitting on a chair on the school verandah. The moment the opposite party saw the petitioner entering into the school he suddenly flarged up and abused him in obscene language alleging therein that the petitioner had come to the school late and no sooner the petitioner gave a reply that he had come in right time, the opposite party ...
Tag this Judgment!Court : Orissa
Decided on : Dec-12-2003
Reported in : 2004(I)OLR442
L. Mohapatra, J.1. This revision under Section 397 CrPC has been filed for setting aside the order dated 21.12.1994 passed in G.R. Case No. 196 of 1990 pending in the Court of S.D.J.M., Cuttack taking cognizance of offences under Sections 465, 467, 468, 471, 477-A, 420, 109, 119, 120-B/34, IPC.2. From the records it appears that on the basis of an information lodged by the Land Acquisition Officer (Civil), Cuttack before the Officer-in-Charge, Lalbag Police station, P.S. Case No. 27(2) of 1990 was registered for commission of the aforesaid offences against the petitioner and several others. It is alleged in the FIR that on 26.3.1994 Ac 405.49 decs of Ian J had been acquired under Section 4 of the Land Acquisition Act (in short, 'the Act') for establishment of Aviation Research Centre at Charbatia. Out of the aforesaid land Ac. 308.86 decs belong to the State Government and Ac 26.63 decs. belong to private persons of different villages. During the year 1977 to 1981 some persons named in...
Tag this Judgment!Court : Orissa
Decided on : Dec-05-2003
Reported in : 97(2004)CLT153; 2004(I)OLR20
B.P. Das, J.1. This is a Suo Motu Criminal Revision registered on the basis of the grievance of Sohella Bar Association against the action of Shri D. Mohapatra, Executive Magistrate, Sohella while dealing with the cases under Section 109, Cr.P.C. on his file. It is stated that although the delinquents were ready to go on bail by executing bonds, the learned Magistrate remanded them to jail custody in Criminal Misc. Case/Nos. 58 of 1998 and 60 of 1998. That apart, an application was also made by delinquent - Kunja Bihari Bariha, son of Udhaba Bariha, resident of village Sarkanda, P.S. Sohella, District Bargarh, addressed to the Hon'ble Chief Justice of this Court from the jail custody stating therein that he was arrested by the Sohella Police on 31.8.1998 under Section 109, Cr.P.C. and was produced on the same day before the Executive Magistrate, Sohella. He engaged Mr. A.K. Barik, Advocate, who filed Vakalatnama on his behalf along with a good-behaviour bond for his release, but the Ex...
Tag this Judgment!Court : Orissa
Decided on : Dec-03-2003
Reported in : II(2005)BC88; 97(2004)CLT90; 2004(I)OLR32
Pradip Mohanty, J.1. This Criminal Revision arises out of the order dated 26.9.2003 in Vigilance G.R, No. 29 of 2003 pending in the Court of the Special Chief Judicial Magistrate (Vigilance), Bhubaneswar.2. The petitioner's husband is arrayed as an accused in Vigilance G.R. No. 29 of 2003 registered under Sections 120-B/468/471/420 of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. During the course of investigation in connection with the aforesaid case, the Vigilance investigating agency seized the bank accounts of the petitioner namely; S.B. Account No. 2512/13 of Allahabad Bank, Kalupada Ghat Branch; Current Account Nos. 31, 32 ad 33 and S.B. Account No. 1331 of Khurda Central Co-operative Bank, Tangi Branch. The petitioner, thereafter, filed an application under Section 457 of the Cr.P.C. for release of the aforesaid bank accounts in her favour. The said petition was considered by the learned Spl. C.J.M. (Vigilance), Bhubaneswar and r...
Tag this Judgment!Court : Orissa
Decided on : Nov-21-2003
Reported in : 96(2003)CLT745
P.K. Mohanty, J. 1. This matter has come to this Division Bench on a reference made by one of us P.K. Mohanty, J. sitting single.2. The question for consideration is whether irrespective of rejection of petitioner's earlier bail application, the second application for bail should be considered in parity with the subsequent orders passed by two learned single Benches of this Court releasing the co-accused persons on bail.3. Facts in brief is that the petitioner along with two others was found to have carried 4 to 5 Kgs. of Ganja each in their respective bags and that was seized and a case under Section 20(b) of the N.D.P.S. Act was registered. The present petitioner and the co-accused Susanta Kumar Moharana filed separate petitions before the learned Special Judge for release on bail. The learned Additional Sessions Judge-cum-Special Judge, Parlakhemundi in G.R. Case No. 221 of 2002 rejected the bail application as against which Criminal Misc. Case No. 6263 of 2002 was filed before this...
Tag this Judgment!Court : Orissa
Decided on : Nov-19-2003
Reported in : 2004(I)OLR148
Sujit Barman Roy, C.J.1. This appeal is directed against the judgment dated 17th March, 1989 passed by the Sessions Judge, Balasore In S.T. No. 108 of 1988 convicting the appellant Bhagirathi Das under Section 302 I.P.C. and sentencing him thereunder to suffer R.I. for life.2. The prosecution case in brief is that on 9.5.1988 a written complaint was lodged by P.W. 1-Prasant Pal before the Officer-in-charge of Bhogarai Police Station, Bhogarai stating, inter alia, that the appellant-Bhagirathi Das, who was attached to Laxmipatna Police Out-Post as a police constable was residing in a rented house near the house of P.W.1, that day around at 10 'O' Clock in the morning while his son Raj Kumar Pal (since deceased) was going to take bath, the appellant took him to his residence and killed him by assaulting him with iron rod. Thereafter he locked the room and went away somewhere. While searching for his son for sometime, P.W.1 came to learn that the appellant had confined the deceased in his...
Tag this Judgment!Court : Orissa
Decided on : Nov-07-2003
Reported in : 96(2003)CLT760
Pradip Mohanty, J. 1. This Criminal Revision has been filed by the petitioner challenging the order dated 3.9.2003 passed by the learned Additional District Judge-cum-Special Judge, Jajpur, in G.R. Case No. 761 of 2003 in an application under Section 457 of the Code of Criminal Procedure.2. The petitioner is the registered owner of the seized vehicle bearing registration No. Or-02-Q-6804 Maruti Mini Van. The vehicle in question was seized on 1.8.2003 by the Badachana Police in connection with the offences under the Narcotic Drugs and Psychotrqpic Substances Act, 1985 (for short, the 'Act'). The petitioner filed an application under Section 457 of the Code of Criminal Procedure before the learned Additional District Judge-cum-Special Judge, Jajpur for interim release of the seized vehicle in question on the ground that the petitioner had absolutely no knowledge about the carrying of the puppy-husk and he had instructed the driver of the vehicle not to carry any objectionable materials i...
Tag this Judgment!Court : Orissa
Decided on : Oct-31-2003
Reported in : 2004CriLJ742; 2003(II)OLR629
ORDERA.S. Naidu, J.1. The order dated 19-6-1999 passed by the learned Judicial Magistrate, First Class, Bhubaneswar in I.C.C. No. 209 of 1997 framing charge under Section 420, I.P.C, against the petitioner is impugned in this case.2. Opp. Party No. 2 filed a complaint petition alleging therein that it was a Dealer and Stockist of Sakura Watch having its Office-cum-Godown at Bhubaneswar. It deals with wrist-watches and supplies the same as per the requirements of other sub-dealers and retailers of different parts of Orissa. The petitioner being impressed by the quality and designs of Sakura watches placed orders with the complainant for several times and the usual mode of business was on the credit basis subject to repayment either through cheque or cash. The business between the complainant and accused started from 1995.3. On 5-10-1996, the petitioner handed over a cheque drawn on Puri Urban Co-operative Bank, Puri for a sum of Rs. 12,942.75 paise towards the partial credit amount. The...
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