Court : Orissa
Reported in : 91(2001)CLT266
A. Pasayat, J.1. Order of termination passed by the Governing Body of Deva Raya Nayapalli College (hereinafter referred to as the 'college') is the subject-matter of challenge in this writ application, after its confirmation by the Director of Public Instruction, Higher Education Orissa.2. Main plank of petitioner's argument is that though the order of termination was termed to be a simpliciter one, the background facts clearly show that it was a camouflage to avoid proceedings in the matter of termination. Reference is made to various allegations made by the college authorities and the allegations of misconduct made immediately prior to the order of termination and threats given for action. When the college authorities were satisfied that they have no material to substantiate the allegations, they adopted the novel method of labelling the, order of termination to be simpliciter one while in the background there is desire to harass the petitioner. The allegations of involvement in unau...
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR536
B. Panigrahi, J.1. This appeal is directed against the judgment and order passed by the Sessions Judge, Kalahandi- Nuapada at Bhawanipatna, in S.C. No. 64 of 1994 convicting the appellant Under Section 302, I.P.C. and sentencing him thereunder to undergo imprisonment for life for having committed murder of one Raju Majhi, his own brother-in-law.2. The skeletal picture of the prosecution story as depicted in the judgment of the Court below is as follows : The appellant is the maternal uncle of the informant (P.W.I) Budha Majhi of village Arkhedi under Thuamul-Rampur Police Station, in the district of Kalahandi. On 17.7.1994 evening, the appellant had visited the house of the informant and at that time he was holding a Tangia, a bow and arrow. After taking his dinner, he slept on the verandah of the house. The deceased and his wife (P.W.2) also slept on the same verandah. In the midnight, P.W.2, the mother of the informant shouted saying that the deceased (informant's father) was killed ...
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori175
P.K. Mohanty, J.1. In all the three writ petitions common question of law and fact being involved, on the prayer and with the consent of the learned Counsel for the parties, they have been taken up together for hearing and are being disposed of by this common order.2. One . is the writ petitioner in O.J.C. No. 11116 of 1999 with a prayer to quash the seizure of the Industrial Unit by the State Financial Corporation and for a direction to release the same in favour of the petitioner's company. The writ petitioner claims that M/s. Ashoka Health Care (P) Ltd. had set up a hospital at Bhubaneswar availing a term loan from opposite party No. 1, the State Financial Corporation. On default of payment of the loan dues, said unit was seized by the Corporation on 8-2-1999 but no notice as prescribed under the Rules had been served on the petitioner and the seizure was done behind his back. While admitting default in payment of the instalments, default has been explained on the ground that the pr...
Tag this Judgment!Court : Orissa
Reported in : 88(1999)CLT835; 1999(I)OLR421
P.K. Misra, J.1. The petitioner, who is an accused facing trial in S.T. Case No. 36/5 of 1998, has filed this revision challenging the order dated 16.2.1999 passed by the Chief Judicial Magistrate- cwm-Assistant Sessions Judge, Khurda, rejecting the obligation of the petitioner to call for certain documents. Earlier, the petitioner had filed a similar application before the trial Court on 24.11.1998 which was rejected as not pressed. Subsequently, a fresh petition was filed for the very same purpose which was rejected by the trial Court by order dated 8.12.1998. Against the aforesaid order, the petitioner has filed Criminal Revision No. 580 of 1998. The said revision was disposed of by Hon'ble A. Pasayat, J. by order dated 29.1.1999 in the following manner :'5. Another 'petition was filed to call for certain documents filed in this Court in several OJCs. and in several P.S. Cases, i.e., in Bidanasi P.S. Case and Nayapalli P.S. Case and the station diary entries. Learned trial Judge rej...
Tag this Judgment!Court : Orissa
Reported in : 91(2001)CLT704
B.P. Das, J.1. This appeal is directed against the judgment dated 27-10-1990 passed by the 2nd. Addl. Sessions Judge. Berhampur, in S. C. No. 14/90 (S. C. No. 100/90-GDC) convicting the appellant (hereinafter called 'the accused' under section 302 of the Indian Penal Code (in short 'I. P. C.') and under section 27 of the Arms Act, 1959 and sentencing him to undergo rigorous imprisonment for life under section 302, I. P. C.. No separate sentence has been passed under section 27 of the Arms Act.2. Briefly stated, the prosecution case is as follows :--The occurrence, as it reveals from the F. I. R , was the outcome of a family feud. The accused-Bhobana Nahak is the elder brother of the informant-Tonkia Nahak (p. w. 1) with whom there was long standing dispute over their paternal landed property in village Pankalpadai and the residential house in village Karapada. On 28-1-1990 the accused engaged alabourer named Keshaba Reddy of village Jagannathpur to pull down the straws of the disputed ...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR438
ORDERM. Papanna, J.1. Head Shri Jayadeep Pal, learned counsel appearing for petitioner and learned Additional Standing Counsel for State.2. Seeking pre-trial release of petitioner on bail in G.R. Case No. 907 of 2003 subjudice before learned S.D.J.M.. Angul. present application under Section 439 Cr.P.C. is made on his behalf.3. Prosecution case is that petitioner wrongfully restrained the victim, abused her. committed sexual assault on her and intimidated her criminally. On information of victim. Angul P.S. Case No. 64/2003 has been registered.4. Learned counsel appearing for petitioner urges that petitioner is innocent of allegation. According to him it is a false case foisted against petitioner. That apart, no sign of injuries on her person nor in her private part has been noticed by Doctor who examined her on police requisition. He has reiteratedly canvassed for release of the petitioner from detention on the ground that hymen of the victim has been found intact even after alleged s...
Tag this Judgment!Court : Orissa
Reported in : 2010(I)OLR720
S.K. Mishra, J.1. The petitioner assails the confirming judgment passed by the learned Additional Sessions Judge-cum-Special Judge, Bhubaneswar in Criminal Appeal No. 52 of 1993, wherein he confirmed the conviction recorded by the learned J.M.F.C., Bhubaneswar in G.R. Case No. 2514 of 1998 convicting the present petitioner for the offence under Sections 354 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as the 'I.P.C.' for brevity).2. The case of the prosecution was that on 01.10.1988 at about 9.00 A.M., the present petitioner Kelu Charan Behera along with other co-accused persons, who have since been acquitted by the learned J.M.F.C., assaulted the informant with the intention to outrage her modesty and due to such assault, she sustained injuries on her nipple, neck and other parts of her body. That night she went to the house of Sapani Mallik, the Grama Rakhi and narrated about the incident. She took shelter in his house for that night. On the next day, she lodged a ...
Tag this Judgment!Court : Orissa
Reported in : 1984(I)OLR122
Pathak, C.J.1. All these three appeals arise out of a common judgment dated 15-3-80 passed by the learned Additional District & Sessions Judge, Bhawanipatna, in Sessions Case No. 21-K/15 of 1979.Appellants Makaradhwaja Bhoi and Jhaja Bhoi have filed Jail Criminal Appeal No. 93 of 1980 and appellant Jogendra Sahu has filed Jail Criminal Appeal No. 117 of 1980. All the three appellants have also filed a regular appeal being Criminal Appeal No. 102 of 1980 through Mr. D P. Sahu, Advocate. But before the said appeal was taken up for hearing, Mr. Sahu withdrew his appearance as he was appointed Public Prosecutor for the State. In view of this contigency, we appointed Mr. Krushna Prasad Misra, Advocate, to represent the appellants in all the three appeals at the State expense.2. All the three appellants stood their trial Under-section 302/34, I. P. C. and they have been convicted Under-section 392, I. P. C. and sentenced to undergo R. I. for life.3. The prosecution case in brief is that on 2...
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Reported in : 2008CriLJ4185
ORDERS.C. Parija, J.1. This application under Section 482, Cr. P. C. has been filed by the petitioner assailing the order of cognizance dated 29-8-2003 passed by the learned S. D. J. M., Bhubaneswar, in G.R. Case No. 3572 of 2000, taking cognizance of offences under Sections 294/506/384/504/34, I.P.C.2. The case of the prosecution is that on 20-10-2000, the informant, opposite party No. 2 filed a complaint/report to the effect that on 14-10-2000 morning at 10.30 a.m. Sri Pradip Mohanty, Secretary, Dr. Moses Sukumar Das, Principal and three other teachers namely, Sri Rupa Kamal Mandal, Sri Milu Chandra Tripathy and Sri Ronald Baren, committed house trespass in his absence and abused his wife Smt. Rama Jena insulted her and threatened as to why her brothers were staying in the school campus to which she politely replied that since all of them are her own brother-in-laws, they can stay with her. But Pradip Mohanty abused her in obscene language which were witnessed by other Class-IV emplo...
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR47
L. Mohapatra, J.1. This revision is directed against a judgment and order, passed by both the Courts below convicting the petitioner for commission of offence Under Section 376 of the Indian Penal Code and sentencing him to undergo imprisonment for 7 years and pay fine of Rs. 4,000/-.2. The case of the prosecution is that on the date prior to the lodging of F.I.R. at about 7 A.M. while the prosecutrix was sweeping the front courtyard of her elder father, Nabei Sahu, the petitioner who is a co-villager came near her. Prior to that date, the petitioner had proposed to marry the prosecutrix on several occasions. On the date of occurrence when the petitioner came near her, she tried to enter inside the house of her elder father out of fear but the petitioner is alleged to have forcibly embraced her and lifted her inside the house of her elder father. It is further alleged that the petitioner made her naked, gagged her mouth by putting his hand undressed himself and forcibly committed rape ...
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