The High Court of Orissa allowed an application for converting a Fundamental Rights/Constitutional writ petition into a Criminal Revision Petition under Section 482 Cr.P.C. The matter was disposed of in a hybrid mode without adjournment.
Application for amendment and conversion allowed; CRLMP converted to CRLMC under Section 482 Cr.P.C.
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 CRLMP No. 1163 of 2021
Mohammed Hanif …. Petitioner Ms. Amrita Panda, Advocate
-versus-
State of Odisha & Anr. …. Opposite Parties Mr. Sarthak Nayak (Spl. Public Prosecutor (CBI) Mr. K.K. Nayak, ASC
CORAM: JUSTICE SAVITRI RATHO
Order No.
ORDER 03.11.2021 CRLMP 1163 of 2021 & I.A. No. 237 of 2021
The matter is taken up in hybrid mode.
This I.A. has been filed for amendment sought for in Schedule A of the I.A. and for substituting page-1 of the CRLMP incorporating the change in the nomenclature. In other words the application is for conversion of CRLMP which is an application under Articles 226 and 227 of the Constitution of India to a CRLMC which is an application under Section 482 Cr.P.C.
Heard Ms. Amrita Panda, learned counsel for the petitioner, Mr. S. Nayak, learned Spl. Public Prosecutor (CBI) and Mr. K.K. Nayak, learned Additional Standing Counsel.
Mr. K.K. Nayak, learned Additional Standing Counsel states that he has no objection for the prayer made in the application for amendment.
Mr. S. Nayak, learned Spl. Public Prosecutor (CBI) however submits that he may be permitted to obtain instructions in the matter.
In view of the nature of prayer, I am of the view that no useful purpose will be served by adjourning the case for obtaining instructions.
The I.A. is allowed, the CRLMP is converted to a CRLMC
I.A. is accordingly disposed of.
// 2 //
Office shall re-register the CRLMP as a CRLMC.
Learned counsel for the petitioner is directed to file a consolidated petition incorporating the necessary changes in the petition.
The CRLMC be listed after fresh stamp report.
( Savitri Ratho)
Page 2 of 2
1 issue framed by the court
Whether to allow an amendment to convert a Constitutional writ petition under Articles 226 and 227 to a Criminal Revision Petition under Section 482 Cr.P.C.
2 provisions across 2 enactments
Mohammed Hanif
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
