The High Court of Orissa allowed an interim application to convert a Criminal Appeal to a Civil Appeal in an O.P.I.D. matter, citing recent precedents. The matter was re-registered as CVA.
I.A. allowed; CRLA converted to CVA; Registry to re-register case as CVA.
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
CRLA No.168 of 2020
Ramakanta Panda & …. Appellants/ others Petitioners
Mr. Animesh Mohanty, Advocate
-versus-
State of Odisha (O.P.I.D.) …. Respondents/ & others Opp. Parties
Order No.
Mr. J. P. Patra,
Special Counsel (O.P.I.D.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
04.04.2023
I.A. No.497 of 2023
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This interim application has been filed by the appellants-petitioners for conversion of Criminal Appeal to Civil Appeal.
Learned counsel for the petitioners submitted that against the impugned judgment passed by the learned Presiding Officer, Designated Court under O.P.I.D. Act, Cuttack in I.A. No.06 of 2017, Civil Appeal is maintainable in view of the judgment passed by the learned Single Judge of this Court dated 23.12.2022 in CRLA No.574 of 2017, CRLA No.559 of 2022 and CRLA No.974 of 2022.
// 2 //
Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in O.P.I.D. matters has no objection.
Prayer made in the interim application is allowed.
The I.A. stands disposed of.
The CRLA be converted to CVA.
The Registry shall re-register this case as CVA and placed it before the assigned Bench.
Interim order dated 19.12.2022 shall continue
till the matter is placed before the assigned Bench.
Sipun
( S.K. Sahoo)
Judge
Page 2 of 2
1 issue framed by the court
Whether the Criminal Appeal maintained in O.P.I.D. matters should be converted to a Civil Appeal as per recent judicial pronouncements.
Ramakanta Panda
State of Odisha (O.P.I.D.)
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
