Court : Orissa
Decided on : Dec-23-2004
Reported in : 2005CriLJ1859; 2005(I)OLR225
B.P. Das, J.1. Heard Shri B. K. Ragada, learned counsel for the petitioners and learned Addl. Govt. Advocate for the State.2. By this application under Section 482 of the Code of Criminal Procedure, the petitioners challenge the judgment and order dated 5.2.2003 passed by the Addl. Sessions Judge, Sambalpur, in Criminal Revision No. 30/8 of 2002/2003 confirming the order dated 4.4.2002 passed by S.D.J.M., Sambalpur, in G.R. Case No. 603 of 1999 refusing to recall the order taking cognizance against the petitioners of the offences under Sections 341/323/34, I.P.C. read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter called 'the Act').3. The petitioners had earlier approached this Court in Crl. Misc. Case No. 805/2002 praying to quash the order taking cognizance against them and this Court by its order dated 12.2.2002 disposed of the said case with the direction that on the petitioners surrendering in the Court below they woul...
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2004
Reported in : 2005CriLJ1330; 2005(I)OLR125
R.N. Biswal, J.1. The order dated 4-6-2004 passed by the S.D.J.M., Jajpur in Misc. Case No. 20 of 2004 arising out of G.R. Case No. 927 of 2004 wherein he rejected the petition under Section 457, Cr. P.C. filed by the petitioner to release the Yahama motor cycle bearing registration No. OR-02 F-6521 in her favour is under challenge in this revision.2. The petitioner is the registered owner of the aforesaid Yahama motor cycle. It was seized by the police personnel of Barachana Police Station on the allegation that it was used in commission of an offence under Section 395, IPC in G.R. Case No. 927 of 2003 of the aforesaid Court and kept in Police Station premises. Admittedly the petitioner in whose name the motor cycle stands is not an accused in that case. So she filed a petition under Section 457, Cr. P.C. before the S.D.J.M. Jajpur for interim custody of the vehicle, but it was rejected since the vehicle was not insured from 24-6-2001 onwards. Being aggrieved with the said order, the ...
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2004
Reported in : 2005(I)OLR118
R.N. Biswal, J. 1. The order dated 16.10.2004 passed by the Executive Magistrate, Puri in Criminal Misc. case No. 439 of 2004 arising out of a proceeding Under Section 144 Cr.P.C. wherein he directed the S.D.O., CESCO, Puri Division-II (2nd party No. 1) to restore power supply to the 2nd party No. 2 keeping in view the decision of C.D. case No. 166 of 2004 and avoiding the disputed plot Nos. 285, 286 and 287 is under challenge by the 2nd party No. 2 in this revision.2. The present petitioner was the 2nd party No. 2 while Opp. Party Nos. 1 to 3 were the 1st party and O.P. No. 4, the S.D.O., CESCO, Puri Division No. II at Red Cross Road was the 2nd party No. 1 before the Court below in Crl. Misc. case No. 439 of 2004.3. As per the case of the 1st party the disputed property as described in Schedule A and B of the petition under Section 144 Cr.P.C. originally belonged to Radha Mohan Dev Bije at village Naskari Patna, the private deity of Bhabani Prusty, Radhamon Prusty and other Prusty fa...
Tag this Judgment!Court : Orissa
Decided on : Dec-21-2004
Reported in : 2005(I)OLR129
R.N. Biswal. J.1. The order dated 2.11.2004 passed by the Special Judge, Angul in Special Case No. 1 of 2004 wherein he rejected the petition filed under Section 457, of the Cr.P.C. for release of the Mini-bus bearing Registration No. OR-06-E-8188 in favour of the petitioner.2. The petitioner is the owner of the aforesaid Bus. He was plying it as stage carriage from Bagadia to Cuttack and back. On 16.10.2004 receiving a telephonic message that Tankadhar Biswal and Anchal Majhi were transporting Ganja in the aforesaid bus, the O.I.C. of Chhendipada Police Station with his staff in presence of the local Tahasildar stopped the bus near the Police Station. On search some Ganja was recovered from possession of accused Tankadhar Biswal and Anchal Majhi who were moving in that bus. As they were not backed by any authority for such possession, the same was seized and F.I.R. was lodged against them on the allegation that they committed offence under Section 20(b) of the N.D.P.S. Act (hereinafte...
Tag this Judgment!Court : Orissa
Decided on : Dec-17-2004
Reported in : 99(2005)CLT137
A.K. Patnaik, J.1. This is a public interest litigation filed under Article 226 of the Constitution by Shri Prasanta Kumar Das, a social activist. He has stated in the petition that he has heard discussions at Cuttack, Bhubaneswar, Balasore, Bhadrak and Dhenkanal that counterfeit Court-fees are being used by some well known lawyers and unscrupulous litigants in several litigations in these areas. The petitioner prayed for directing the Central Bureau of Investigation (for short, 'the C.B.I.') to make a thorough investigation into the use of such counterfeit Court-fees in different litigations in the High Court and in the Sub- ordinate Courts throughout the State.2. On 1.5.1998, the Court issued notice and further directed that a copy of the petitioner be served on the Registrar (Judicial) of the High Court. On 3.7.1998, the Court directed the Registrar (Judicial) to submit a report and also directed the State of Orissa to file a counter-affidavit. On 17.7.1998, the Court directed that ...
Tag this Judgment!Court : Orissa
Decided on : Dec-01-2004
Reported in : 2005CriLJ1451; 2005(I)OLR127
ORDERR.N. Biswal, J.1. In this revision the petitioner has challenged the legality and propriety of the order dated 4-10-2004 passed by the S.D.J.M., Bhubaneswar in G. R. Case No. 1049 of 2004, wherein he rejected the petition under Section 167(2) Cr. P.C. filed by the petitioner.2. The case of the petitioner is that having been arrested on 5-6-2004 in Chandaka P.S. Case No. 23 of 2004 corresponding to the aforesaid G. R. Case for the offence under Sections 302/307/34 I.P.C. read with Sections 25 and 27 of the Arms Act he was remanded to judicial custody on the next date. Even though, in the meantime the statutory period of 120 days expired on 3-4-2004 charge-sheet could not be submitted. On 4-10-2004 he filed the petition under Section 167(2) Cr. P.C. for his release on bail. 3. Learned trial Court rejected the petition holding that in view of the nature of allegations made, he is not inclined to admit the accused-petitioner to bail. Being aggrieved with this order the petitioner has ...
Tag this Judgment!Court : Orissa
Decided on : Dec-01-2004
Reported in : 2005CriLJ1582; 2005(I)OLR122
ORDERR.N. Biswal, J.1. In this revision the petitioner has assailed the legality and propriety of the order 10-11-2004 passed by the J.M.F.C., Khallikote in Misc. Case No. 83 of 2004 arising out of 2(C) CC case No. 7/2004 wherein he rejected the petition under Section 451, Cr.P.C. filed by the petitioner.2. The petitioner-Company through its Executive, Finance, Mr. Ritobrata Chakravorty filed the petition under Section 451, Cr.P.C. before the Court below with a prayer to release 400 cartoons of cigarette to the Company or in the alternative release the entire consignment in favour of the transporter M/s. Indian Roadways Corporation Limited. As per the case of the petitioner it is a company within the meaning of the Companies Act, 1956 having its registered office at Jawaharlal Nehru Road, Kolkata inter alia engaged in the business of production of cigarette. One of the units of the petitioner-Company situates at Munger in the State of Bihar. On 4-9-2005 the petitioner-Company entrusted...
Tag this Judgment!Court : Orissa
Decided on : Nov-18-2004
Reported in : 2005CriLJ1512
ORDERA.K. Parichha, J.1. The petitioner is the Managing Director of M/s. Kalinga Carbonates Ltd., situated at Chandaka Nucleus Industrial Complex, Sector-B, Patia, Bhubaneswar in the District of Khurda. He was prosecuted under Section 37(1) of Air (Prevention and Control of Pollution) Act 1981, hereinafter referred to as 'the Act', in short, for operating the industrial unit, without obtaining prior consent and clearance of the Orissa State Prevention & Control of Pollution Board, in short, 'Board'.2. During the course of trial, the petitioner filed a petition on 17-7-1997 praying the Court to direct the complainant (present opposite party) to cause production of the documents of the XXVII meeting of the Board held on 31-10-1990 for proper and effective adjudication of the case. Opposite party filed objection indicating that such document cannot be made available as disclosure of some of the reports and resolutions will be against public interest and that the documents called for by th...
Tag this Judgment!Court : Orissa
Decided on : Nov-03-2004
Reported in : 98(2004)CLT745
J.P. Mishra, J.1. The entire process for appointment of Special Judicial Magistrate under Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 is under challenge by the petitioners in all the above Writ Applications. Since similar questions have been raised in all the applications, this common order shall govern all the four Writ Applications.2. Pursuant to the Notification of Appointment of Special Judicial Magistrate (Orissa) Rules, 2000 in the Orissa Gazette, on 7.9.2000 framed by Orissa High Court under Section 13, Cr. P.C. (under Annexure-1) (henceforth called as Rule), the Registrar (Administration), Orissa High Court, requested the Registrar (Judicial) under Annexure-2 inviting willingness of the candidates for filling up 18 posts of Special Judicial Magistrates in the scale of pay of Rs. 6500.10,500/- in different parts of Orissa who are having requisite qualification under Rule 4(b). All the petitioner applied for post and appeared in the examination. The petitioner...
Tag this Judgment!Court : Orissa
Decided on : Nov-02-2004
Reported in : 98(2004)CLT801
P.K. Tripathy, J.1. This application under Section 482, Cr.P.C. has been filed by the petitioners with the prayer to quash the order of cognizance dated 3.'11.1997 in G.R. Case No. 528 of 1995 of the Court of Sub-divisional Judicial Magistrate, Jajpur. To determine the issues, it is not necessary to refer to the facts involved in the case because the contention of the parties centres round on a legal issue.2. On the basis of the First Information Report, lodged by one Subash Chandra Behera, P.S. Case No. 157 of 1995 was registered for various offences including the offence under Section 307/34, IPC Petitioners are named in the FIR. On completion of investigation, final form was filed enlisting two of the alleged culprits, viz., Hagu @ Prafulla Das and Nandu Ch. Das, as the accused persons. Therefore, charge-sheet was not submitted against the present petitioners. The Investigating Officer reported to the Court of SDJM, Jajpur regarding commission of various other offences including the...
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