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2024 Supreme(Online)(ORI) 410

ORISSA HIGH COURT
KAILASH BEHERA – Appellant
Versus
STATE – Respondent


S.S. Mishra, J. The present Criminal Revision filed under Sections 401 & 397 of Cr.P.C. is directed against the judgment and order dated 03.11.2011 passed by the learned Ad hoc Addl. Sessions Judge, FTC-I, Cuttack in Criminal Appeal No.54 of 2009, whereby the order of conviction was affirmed and sentence passed by the learned S.D.J.M (S), Cuttack in G.R. Case No.632 of 1997/T.R Case No.364 of 2007 was modified to one of fine only.

2. The petitioner was subjected to prosecution in G.R. Case No.632 of 97/T.R. Case No.364 of 2007 registered under Sections 353/294/506 of the IPC. 3. The prosecution case in brief is that on 10.04.1997 the informant (P.W. 4) along with other Excise Constables had been to the court of learned J.M.F.C.(R), Cuttack to produce an accused Radhu Behera, father of the petitioner. It was alleged that at about 1.10 P.M., the petitioner, who happens to be the son of the accused Radhu Behera came to the court premises and abused the informant in obscene language and threatened to kill him by means of a knife. Thereafter, the petitioner dealt a neck push to the informant, for which he fell down. On the basis of such allegation, F.I.R. w

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