High Court allowed withdrawal of criminal revision in a trial case where charge was framed after the revision's commencement, granting liberty to raise points during trial.
Criminal Revision permitted to be withdrawn; liberty granted to raise all points at the time of trial.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No. 268 of 2021
Milan Patra
…. Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
State of Orissa
…. Opposite Party Mr. P.C. Das, ASC
CORAM: JUSTICE SAVITRI RATHO
Order No.
ORDER
17.11.2021
The matter is taken up by hybrid mode.
Heard.
The petitioner has challenged the order dated 27.04.2021 passed in Session Trial Case No. 15 of 2021 by the learned District & Sessions Judge, Boudh rejecting the application of the petitioner filed under Section 227 of Cr.P.C. to discharge him from alleged offences under Section 302/201/34 of I.P.C.
Mr. Amitav Tripathy, learned counsel for the petitioner at the outset submits that in the meanwhile during pendency of this Criminal Revision, charge has already been framed in the case on 05.10.2021. So the petitioner may be permitted to withdraw this Criminal Revision and raise all his contentions during trial.
Considering the submission of learned counsel for the petitioner, the Criminal Revision is permitted to be withdrawn.
Liberty is granted to the petitioner to raise all points at the time of trial which shall be considered in accordance with law.
Urgent certified copy of this order be granted on proper application.
(Savitri Ratho)
Judge
puspa
2 issues framed by the court
Whether to allow withdrawal of Criminal Revision pending trial after charge framing.
Whether liberty to raise points at trial should be granted.
2 provisions across 2 enactments
Milan Patra
State of Orissa
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
