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Documents citing Thogorani Alias K. Damayanti vs State Of Orissa And Ors. on 20 July, 2004

Anandamay Bag vs State Of West Bengal And Anr. on 7 May, 2007

In Thogorani aliasi K. Damayanti v. State of Orissa and Ors. (supra) chargesheet was submitted but the trial did not start and even charge was not framed. During such stage there was a prayer under Section 173(8) of Cr. PC for further investigation and for holding DNA test and when it was refused in the Court below, the matter went before the Hon'ble Orissa High Court and the Division Bench of the Orissa High Court allowed the prayer.
Calcutta High Court Cites 16 - Cited by 4 - Full Document

Rohit Shekhar vs Shri Narayan Dutt Tiwari & Anr. on 23 September, 2011

123. On the consequences of refusal, a Division Bench of the Orissa High Court in the judgment reported at 2004 Cri.L.J. 4003 Thogorani alias K. Damayanti vs. State of Orissa & Ors. placed reliance on Sharda (supra) and in para 18 held that it is, therefore, inevitable to hold that in the event of the refusal of the opposite party no. 3 to give his blood IA No.10394/2011 in CS(OS) 700/2008 66 sample for conducting DNA test, an adverse inference can be drawn by the trial court.
Delhi High Court Cites 94 - Cited by 46 - G Mittal - Full Document

Sanjeev Nanda vs State Of Nct Of Delhi on 29 May, 2007

8. In these circumstances, the impugned order virtually amounted to a review and recall of that opinion to the grave prejudice of the petitioner. Learned Counsel relied upon the judgment of the Supreme Court reported as Sharda v. Dharampal and Thogorani v. State of Orissa 2004 Crl.LJ 4003 to say that for the proposition that no one can be compelled to give sample for blood analysis. It was submitted that in these circumstances, the observations of the Court, particularly in Para 15 directing the prosecution virtually to adopt a particular course of action was unwarranted. It was submitted that the law as it stands does not authorize the Court to compel an accused standing trial to give blood samples. In these circumstances, the impugned order to the extent it directed the prosecution to proceed in a particular manner gravely prejudicded the conduct of defense of the accused. Counsel also submitted that a blood sample had indeed been secured in the earlier course of the proceedings and there was no fresh circumstance, after seven long years necessitating a different view that fresh samples were required for analysis. These did not constitute new or fresh materials or circumstances.
Delhi High Court Cites 35 - Cited by 8 - S R Bhat - Full Document

Ram Udagar Mahto vs State on 14 September, 2021

In support of his submissions, he placed reliance on the decisions in Jamshed alias Dalli v. State of U.P.8, Anil 4 1980 SCC OnLine Bom 56 5 2007 SCC OnLine Del 859 6 (1979) 2 SCC 322 7 (2017) 4 SCC 177 [overruled in Vinubhai Haribhai Malaviya and Others (Supra)] 8 (1976) SCC OnLine All 10 CRL.M.C. 3125/2019 Page 5 of 18 Anantrao Lokhande (Supra), Thogorani alias K. Damayanti v. State of Orissa and others9 and Amrutbhai Shambhubhai Patel (Supra).
Delhi High Court Cites 33 - Cited by 0 - M K Ohri - Full Document

Selvi & Ors vs State Of Karnataka & Anr on 5 May, 2010

144. The decision had also cited some foreign precedents dealing with the authority of investigators and courts to require the collection of DNA samples for the purpose of comparison. In that case the discussion centered on the `right to privacy'. So far, the authority of investigators and courts to compel the production of DNA samples has been approved by the Orissa High Court in Thogorani v. State of Orissa, 2004 Cri L J 4003 (Ori).
Supreme Court of India Cites 92 - Cited by 290 - K G Balakrishnan - Full Document

Harjinder Kaur vs State Of Punjab And Others on 1 August, 2012

123. On the consequences of refusal, a Division Bench of the Orissa High Court in the judgment reported at 2004 Cri.L.J. 4003 Thogorani alias K. Damayanti v. State of Orissa & Ors. placed reliance on Sharda (supra) Crl. Misc. No. M-31938 of 2011 -: 57 :- and in para 18 held that it is, therefore, inevitable to hold that in the event of the refusal of the opposite party No. 3 to give his blood sample for conducting DNA test, an adverse inference can be drawn by the trial court.
Punjab-Haryana High Court Cites 48 - Cited by 10 - P Singh - Full Document

Rajli @ Rajjo vs Kapoor Singh And Others on 3 December, 2013

123. On the consequences of refusal, a Division Bench of the Orissa High Court in the judgment reported at 2004 Cri.L.J. 4003 Thogorani alias K. Damayanti v. State of Orissa & Ors. placed reliance on Sharda (supra) and in para 18 held that it is, therefore, inevitable to hold that in the event of the refusal of the opposite party No. 3 to give his blood sample for conducting DNA test, an adverse inference can be drawn by the trial court.
Punjab-Haryana High Court Cites 50 - Cited by 5 - P Singh - Full Document
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