This is a single-judge order rejecting interlocutory arguments regarding the applicability of the Essential Commodities Act and the petitioner's resignation. The court declines to interfere at this stage, permitting the petitioner to seek bail before the lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 595 of 2020
Narayan Chandra Swain
….
Petitioner
Mr. D.R. Sundaray, Adv.
-Versus -
State of Odisha
….
Opposite Party
Mr. P. Tripathy, Addl. Standing Counsel.
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
17.11.2021
Order No.
2.
Page 1 of 1
Court is not inclined to interfere in the matter at this stage. It is however open to the petitioner to surrender before the court below and move for bail, which shall be considered on its own merit having due regard to the submissions noted above.
( Sashikanta Mishra) Judge
A.K. Rana
Page 2 of 2
2 issues framed by the court
Whether the High Court should interfere with the lower court's cognizance of offences under Section 7 of the Essential Commodities Act, 1955.
Whether the petitioner's resignation from service negates allegations of misappropriation sufficiently to warrant bail at this stage.
Narayan Chandra Swain
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
