Disposed
Sabita Acharya v. State of Odisha
Orissa HCWPC(OAC)/1054/2016
Case brief
from the order text
What is this about?
HIGH COURT OF ORISSA AT CUTTACK W.P.C(OAC)…
What the court decided
AI extract
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.C(OAC) No.1054 OF 2016
Sabita Acharya
Petitioner
-versus-
State of Odisha & Others
…. Opp. Parties
COROM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No
06.09.2022
2. 1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the petitioner and Mr. Choudhury S. Mishra, learned A.G.A
3. The present writ petition has been filed by the petitioner challenging the order of dismissal passed on 8.2.2016 under Annexure-3.
4. Mr. Mishra, learned AGA submitted that the said order of dismissal was passed by Opp. Party No.2 because of the order of conviction and sentence passed by the learned Special Judge, Vigilance in Cuttack Vigilance P.S. Case No.3 of 2007. Mr. Mishra, learned A.G.A further submitted that challenging the order of conviction and sentence, the petitioner has already approached this Court in CRLA No.552 of 2015. It is also submitted that the order of conviction and sentence has not been stayed by this Court while admitting the appeal vide order dated 12.11.2015.
// 2 //
5. In view of such position, I am of the view that the order of dismissal has been passed on the ground of order of conviction and sentence passed against the petitioner. This Court finds no illegality in the order dated 8.2.2016 and accordingly not inclined to interfere with the same.
6. This Court while dismissing the writ petition observe that the order of dismissal passed under Annexure-3 shall be subject to the final outcome of CRLA No.552 of 2015.
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1 issue framed by the court
Whether the High Court can interfere with an order dismissing a harassment petition when a conviction order is already pending appeal in another case.
Sabita Acharya
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court