Court : Orissa
Reported in : AIR1960Ori161; 1960CriLJ1349
Narasimham, C.J. 1. This is an appeal by the State of Orissa against an order of acquittal passed by the Sessions Judgeof Mayurbhanj in a case under Sections 302, 324 and 326 I.P.C. instituted against the respondent, a Nepali named Ram Bahadur Thapa. 2. In village Rasgovindpur in Balasore district there is an abandoned aerodrome in which was collected a large quantity of valuable aeroscrap. The Garrison Engineer of the Defence Department kept the aeroscrap in charge of two choukidars mimed Dibakar (P.W. 22) and Govind (P.W. 23) with a view to prevent pilferage by unauthorised persons. One Jagat Bandhu Chatterjee (P.W. 29) of the firm of Chatterji Brothers, Calcutta, came to Rasgovindpur accompanied by a Nepali servant named Ram Bahadur Thapa (respondent) sometime in April 1958 for the purpose of purchasing the said aeroscrap. He and his Nepali servant stayed in the house of one Krishna Chandra Patro (P.W. 26) who was keeping a tea stall in village Rasgovindpur. All round the aerodrome ...
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ1151
ORDERB.N. Dash, J.1. These two revision petitions are directed against the judgment of the learned Second Addl. Sessions Judge, Ganjam, Berhampur whereby he has confirmed the judgment of the trial court convicting the petitioners under Sections 457/34 I. P.C. and 354/34 1.P.C. and sentencing them to each undergo rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of six months under Section 457/34 and to undergo rigorous imprisonment for one year under Section 354/34 IPC, with a direction that the sentences shall run concurently.2. Shortly stated, the prosecution case is that on 2-7-1989 at about 11.30 P.M. while Radha Charan Palnaik (P.W. 10) was returning to his rented house from the market, he found on a junction near his house some persons to have been injured. He rushed to his house and returned to the junction with some face powder and neosprin ointment. Not being satisfied with such medicine, the pet...
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT718; 1992CriLJ3979
D.M. Patnaik, J.1. The above two revisions arise from the judgment in Sessions Case No. 5 of 1985 of the court of the Assistant Sessions Judge, Bhanjanagar. Petitioner Bijaya Kumar Swain was convicted under Section 307, I.P.C. and sentenced to undergo rigorous imprisonment for 5 years, the other petitioners were convicted under Section 307/34, I.P.C. and sentenced to undergo rigorous imprisonment for two years each and all the three petitioners were convicted and sentenced to undergo one year each for the offence punishable under Section 455/34, I.P.C. and appellant Bijaya Kumar Swain was further convicted under Section 354, I.P.C. and sentenced to undergo rigorous imprisonment for one year. The sentences were directed to run concurrently. The appeals against their conviction having been confirmed, the petitioners are in revision before this Court.2. Prosecution case is, on 21-3-84 petitioner Bijaya Kumar Swain reported before the Officer-in-charge of Gangapur Police Station that at ab...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR549
A.S. Naidu, J.1. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition praying to quash the order passed by the Sessions Judge, Dhenkanal in Criminal Revision No. 44 of 1990 confirming an order passed by the S.D.J.M., Hindol in ICC No. 16 of 1990 taking cognizance of an offence alleged against the petitioner under Section 500 of the Indian Penal Code.2. According to the petitioner, the alleged commission of offence under Section 500 IPC is levelled against him while he was discharging the duties as an Executive Magistrate being in charge of law and order situation and as such he is protected by the umbrella provided under Section 197 CrPC and unless the impugned order is set aside it will not only prejudice the rights of the petitioner but will also amount to abuse of the process of law.3. To appreciate the backdrop of the factual scenario, it is necessary to state the facts of the case, shorn of unn...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR263
A.S. Naidu, J.1. The appellants in all these Jail Criminal Appeals faced trial for alleged commission of offence under Section 376(2)(g) of the Indian Penal Code in the Court of the Addl. C.J.M.-cum- Assistant Sessions Judges, Rourkela in S.T. No. 224/60 of 1996.2. On the basis of an FIR lodged by Laxmi Tirki (P.W. 1) the criminal action was set in motion. Shorn of all unnecessary details, the short facts alleged in the said FIR were that on 10.5.1996 at about 9 p.m. taking advantage of a beautiful moonlit night, P.W.I and her boy friend Birendra (P.W.7) along with her friend Marsha Lugun and her boy friend Sunil (P.W. 5) were chatting with each other in a field near the house of one Clara Kor.The love birds were sitting apart from each other and were busy in the world of their own. After some time P.W. 1 and Marsha strolled towards a nearby hillock and P.W. 7 and P.W. 5 followed them. Near the hillock P.W.I and P.W. 7, so also Marsha and P.W. 5 again resumed their chatting. All of a s...
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori115; 29(1963)CLT127
R.L. Narasimham, C.J.1. This is an appeal from theappellate judgment of the Subordinate Judge ofPuri modifying the judgment and decree passedin favour of the appellants by the Munsif ofKhurda.2. The dispute is between some of the Badu sebaks (appellant) of the well known Temple of Sri Lingaraj of Bhubaneswar on the one hand and the Board of Trustees of the Temple (respondents) appointed by the Commissioner of Hindu Religious Endowments, on the other, as regards their respective rights to appropriate the offerings made at the Temple by pilgrims. There was a previous dispute (O. S. No. 84 of 1949) which was compromised on 23-1-1951 and the terms of the compromise were incorporated in the decree (Ex. 1). In that litigation the trustees of the temple were (1) Shri Pareswar Mohanty, a senior Advocate of Cuttack Bar (since dead) (2) Shri Bichitrananda Das, and (3) Shri Satya Priya Mohanty. They and the Badus (appellants) joined in the compromise petition, but subsequently difference arose re...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR46
B.P. Das, J.1. The petitioner, who is working as a Sub-staff in the United Bank of India, has filed this writ petition challenging the order dated 14.6.2007, transferring him from Nayapalli Branch, Bhubaneswar to Raigarh Branch, in the State of Chhatisgarh, vide Annexure-1 as well as the order relieving him on 21.6.2007, vide Annexure-2.2. The main grievance of the petitioner in this writ petition is that the said order of transfer is vioiative of the Agreement made between the Management and the Workers' Union embodied in paragraph 536 of the 'Sastri Award' which reads as follows:In general the policy should be to limit the transfers to the minimum consistent with banking needs and efficiency. So far as members of the subordinate establishment are concerned, there should be no transfers ordinarily and if there are any transfers at all they should not be beyond the language area of the person so transferred. Even in the case of workmen not belonging to the subordinate staff, as far as ...
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT213
P.K. Patra, J.1. The appellants have challenged the judgment dated 19-4-1997 passed by Shri M. C. Ray, Additional Sessions Judge, Balasore in Sessions Trial No. 7/21 of 1993 convicting them under sections 376(2)(g)/366 of the Indian Penal Code (for short 'I. P. C.') and sentencing each of them to undergo rigorous imprisonment for seven years under the first count and to rigorous imprisonment for three years under the second count, with direction that the sentences would run concurrently, The appellants have been acquitted of the charge under section 379/34, I. P. C.2 Prosecution case runs as follows :--The informant (p. w. 1) is a resident of village Begunia under Simulia Police Station in the district of Balasore, who is the father of the victim girl (p. w 4), a minor aged below sixteen years, Appellant Nos. 2 and 3-Banshidhar ]ena and Rabindra alias Rabi Dalei respectively, are co-villagers of the informant (p. w. 1), whereas appellant Nos. 1, 4, 5, 6, 7 and 8, namely, Niranjan alias...
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Reported in : 99(2005)CLT737
L. Mohapatra, J.1. The petitioner has filed this Writ Application for the following reliefs :*** *** ***'(b) issue a writ of mandamus and any other appropriate writ, order or direction to the Opposite Party No. 2 directing it to comply with the terms of its promise to forthwith supply the remaining 60,000 MT (= 10%) of 'B' grade Iron ore fines and 120,000 MT ( 10%) of 'A' grade Iron ore fine to the petitioner in accordance with the terms and at the price promised in the contract without any further delay;(c) issue any other appropriate Writ, order or direction as may be deemed fit and proper in the bona fide interest of justice; and(d) pass such further and other orders so as to give complete justice to the petitioner inter alia by allowing the Writ Application with exemplary cost....' 2. The petitioner is a company incorporated in Hong Kong with its registered office at Hong Kong and it is a part of Noble Group Limited. Its core business is physical merchanting of a broad selection of...
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR238
B.P. Das, J.1. As both the Criminal Revision and the Criminal Misc. Case arise out of the same case i.e. ICC Case No. 61 of 1995, they were heard together and are being disposed of by this common judgment.2. The Criminal Revision is directed against the order 29.8.1 997 passed by the learned J.M.F.C, Cuttack in ICC Case No. 61 of 1995 rejecting the application of the accused-petitioner praying for furnishing him copies of the documents, namely; (i) statements recorded Under Sections 200 and 202, Cr.P.C. of all persons examined by the Magistrate, (ii) the statement on confession with any statement recorded under Sees. 161 or 164, Cr.P.C, and (iii) any document produced before the Magistrate on which the prosecution proposes to rely.3. The Criminal Misc. Case has been filed with a prayer to quash the order dated 24.4.1996 passed in ICC Case No. 51 of 1995 taking cognizance of the offence Under Sections 448, 294, 352, 363, 342, 323. 324, 384/34, IPC against the petitioner and the entire p...
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