A summary dismissal order in a Criminal Misc. Case. The court permitted the petitioner to put forth all pleas before the trial court at the appropriate stage, without addressing the prayer to quash the lower court's order relating to a pending ST case.
Petition disposed; petitioner permitted to urge pleas before trial court at appropriate stage.
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.964 of 2023
Dibyanshu Prasad Das …. Petitioner
M/s. D. Das and associates, Advocates -versus-
State of Odisha
…. Opposite Party Mr. Prasanna Kumar Mohanty, ASC
CORAM:
THE CHIEF JUSTICE
Order No.
ORDER 15.05.2023
“The petitioner therefore prays before your Lordship to be gracious enough to consider the above stated facts and circumstances and admit this CRLMC and after hearing the parties the order dated 04.11.22 passed by Learned Addl Sessions Judge, Cuttack in connection with Malgodown PS case no.121 / 2020 corresponding to GR case no.649 / 2020 relating to ST no.273 / 2021 which is now pending before the court of Learned 3rd Addl. Sessions Judge, Cuttack may kindly be quashed to prevent abuse process of law and secure ends of justice. xxx.”
(Dr. S. Muralidhar)
Signature Not Verified Chief Justice
Digitally Signed
Signed by: SANJAY KUMAR JENA Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-May-2023 12:26:41
3 issues framed by the court
Whether to permit the petitioner to urge all pleas in the CRLMC at the appropriate stage before disposal.
Whether to revoke the order to hear parties before deciding on the legitimate prayer in the petition.
Whether the petitioner is entitled to the requested relief of quashing the impugned order.
Dibyanshu Prasad Das
State of Odisha
S. Muralidhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
