The High Court of Orissa restored a Section 482 Cr.P.C. application originally filed in 2008 that had been dismissed for non-filing of requisites, subject to a fine deposit and confirmation that the underlying trial remains pending.
CRLMC No.3116 of 2008 restored to file subject to deposit of Rs.2,000 and continuation of interim stay.
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
CRLMA No.2 of 2018
Tanmaya Pattnaik
…. Petitioner Mr. S.P.Sarangi,Advocate
-versus-
State of Odisha & another
…. Opposite Parties
Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No.
ORDER 17.10.2023
// 2 //
notice was issued to Opposite Party No.2 vide order dated 04.09.2009. It is submitted by the learned counsel for the Petitioner that notice requisites be filed, however, valid notice could not be served due to lack of proper address, thereafter steps vide order dated 02.07.2013 direction was given to take fresh steps for issuance of notice to Opposite Party No.2. However, such direction could not be complied with, finally a Coordinate Bench of this Court vide dated 15.05.2015 in the absence of any counsel for the representing the petitioner passed an order that requisite for issuance of notice to Opposite Party No.2 shall be filed within six weeks failing which the matter shall be dismissed without further reference to the Bench.
// 3 //
However, the latches of the lawyer the party should not suffer, however, this Court is inclined to allow the CRLMA. Accordingly, the CRLMC No.3116 of 2008 is directed to be restored to file but subject to depositing cost of Rs.2,000/- (Rupees Two Thousand) in the Advocates’ Welfare Fund of Orissa High Court Bar Association within seven days and furnishing money receipt thereof in proof of deposit. Accordingly CRLMC is restored to file the interim order dated 09.02.2009 shall continue to remain in force subject to the condition that the trial in G.R. Case No.3969 of 2066 is still pending S.D.J.M., Bhubaneswar and further such interim dated 09.02.2009 shall operate till the next date.
Registry is directed to place this matter before the appropriate assigned bench as expeditiously as possible.
( A.K. Mohapatra )
Judge
Rubi
Signature Not Verified
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2023 11:09:26
3 issues framed by the court
Whether the application under Section 482 Cr.P.C. should be restored after the petitioner failed to comply with a previous order due to lack of counsel.
Whether the interim stay order should continue during the pendency of the trial.
The appropriate conditions to be attached to the restoration of the bail application.
1 provisions across 1 enactments
Tanmaya Pattnaik
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
