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1997 Supreme(Ori) 13

DIPAK MISRA
PRABODH KUMAR PATTNAIK – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.P.Dhal, K.K.Das, S.S.DAS

DEEPAK MISRA, J.


( 1 ) IN this appeal under Section 454 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') the appellants call in question the validity of the order dated 7-7-93 passed by the learned Addl. Sessions Judge, Jaipur in Criminal Misc. Case No. 1/93 refusing to exercise jurisdiction under Section 452 of the Code.

( 2 ) THE present appellants along with one Pramila Patnaik faced trial under Sections 304-B, 498-A and 306 of the Indian Penal Code (in short, 'the IPC') in S. T. Case No. 239/54 of 1989 and were ultimately convicted for the said offences by the learned trial Judge and sentenced to undergo rigorous imprisonment for 8 years under Section 304-B, IPC. No separate sentence was awarded for the other charges. It is relevant to state here that the learned trial Judge while convicting the accused persons and sentencing them as aforesaid had given directions in respect of the seized articles directing that if the parties were desirous of establishing their claim over the seized properties they should approach the Civil Court within the period of limitation after reaching of the finality of his judgment, failing which the seized articles would be





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