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Saroj Kumar Muduli Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2022)

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Orissa HC
2022
Saroj Kumar Muduli Vs State of OdishaSaroj Kumar Muduli v. State of Odisha

Allowed

Saroj Kumar Muduli v. State of Odisha

Orissa HC18 Nov 2022CRLMC/3036/2022

Case brief

AI extract

What is this about?

The Court allowed a motion for expeditious trial, directing the Additional Sessions Judge, Nimapara, to hear and dispose of Criminal Appeal No. 05 of 2020 within a month. The petition concerned an appeal against an order of conviction under Section 138 N.I. Act.

What did the court decide?

Direction to the Additional Sessions Judge, Nimapara to take up hearing of Criminal Appeal No. 05 of 2020 and dispose of it within a month.

What the court decided

AI extract

Outcome

Direction to the Additional Sessions Judge, Nimapara to take up hearing of Criminal Appeal No. 05 of 2020 and dispose of it within a month.

Issue for consideration

Whether a direction should be issued for expeditious hearing and disposal of a pending criminal appeal. +1 more

Detailed headnote1 paragraphs

In a criminal matter involving a pending appeal against conviction under Section 138 N.I. Act, the High Court, on a prayer for expeditious disposal, directed the lower court to take up the hearing of Criminal Appeal No. 05 of 2020 immediately and ensure its disposal within one month.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3036 of 2022

Sarog Kumar Mudula

…. Petitioner

Mr. S.P.Dash, Advocate

-Versus-

State of Odisha & Another

…. Opposite Parties

Mr. T.K.Praharaj, SC

CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 18.11.2022

Order No.

Heard learned counsel for the petitioner and learned counsel for the State.

Instant petition under Section 482 Cr.P.C. is filed with a limited prayer for expeditious trial and disposal of Criminal Appeal No. 05 of 2020 pending before the learned court of J.M.F.C., Nimapara on the grounds stated therein.

Learned counsel for the petitioner submits that despite repeated requests, hearing of the appeal could not be commenced and therefore, this Court has been approached for a specific direction in that regard.

Considering the above prayer of the learned counsel for the petitioner and the fact that against an order conviction of under Section 138 N.I.Act, the petitioner has approached the learned Sessions court which is pending since 2020, this Court is of the view that the

Page 1 of 2

learned court below should be directed to take up hearing of the appeal at the earliest and that would serve the purpose.

Accordingly, it is ordered.

Consequently, the CRLMC stands disposed of with a direction to the learned Additional Sessions Judge, Nimapara to take up the hearing of Criminal Appeal No. 05 of 2020 as soon as possible and ensure its early disposal preferably within a month from the date of receipt of a copy of this order.

An urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

kabita

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a direction should be issued for expeditious hearing and disposal of a pending criminal appeal.
2.
Whether the case is fit to be taken up for hearing within a stipulated time frame.

Statutes considered

1 provisions across 1 enactments

AI extract

Criminal Procedure Code482

Parties & counsel

AI extract

petitioner
Sarog Kumar Mudula
respondent
State of Odisha

Coram

AI extract

R.K. Pattanaik

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 18 Nov 2022 · November
Registered: 21 Oct 2022
Case no.: CRLMC/3036/2022
CNR: ODHC010708362022
Topic: Civil Procedure and Limitation
Bench: R.k.pattanaik
Disposal: Disposed Off

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Cite this judgement

Saroj Kumar Muduli v. State of Odisha, CRLMC/3036/2022 (OD), decided on 18 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Criminal Procedure Code482

View all statutes

Bench / Coram

R.K. Pattanaik

Parties & counsel