Court disposed of the Criminal Misc. petition, directing the Additional Sessions Judge, Chatrapur to proceed with the trial considering the petitioner's plea regarding absence of evidence for Section 364-A IPC within four months.
Proceed with S.T. Case No.18 of 2018 considering the plea regarding absence of evidence vis-a-vis Section 364-A IPC.
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. 3397 of 2022
Ankur Kumar Roy and Another
…. Petitioners Mr. Manas Kumar Chand, Advocate
-Versus-
State of Odisha and Another …. Opposite Parties
Mr. Sitikanta Mishra, ASC, OP No.1
None for OP No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
28.11.2022
Order No.
01. 1. Heard learned counsel for the petitioners and learned
counsel for the State.
Page 1 of 3
orders as per law but instead transmitted the record to the Sessions court for having no jurisdiction to impose any sentence which is not tenable in law.
7. Accordingly, it is ordered.
Page 2 of 3
U.K.Sahoo
(R.K. Pattanaik) Judge
Page 3 of 3
2 issues framed by the court
Whether the High Court should interfere with the Additional Sessions Judge's order transmitting the case due to lack of jurisdiction to impose sentence under Section 364-A IPC.
Whether the trial court committed an error in transmitting the record based solely on the absence of materials for imposing life or death sentence before defense evidence.
3 provisions across 2 enactments
Ankur Kumar Roy
State of Odisha
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
