In CRLREV No.550 of 2018, this Court dismissed the criminal revision challenging the dismissal of a discharge petition under section 239 Cr.P.C. The Court refused to interfere as the trial had already commenced after the charge was framed.
The criminal revision petition stands dismissed; the impugned order is upheld.
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
CRLREV No.550 of 2018
Rama Chandra Patra
…. Petitioner
Mr.Ramanikanta Pattanaik, Advocate
-versus-
State of Odisha (Vig.)
…. Respondent Mr. Sangram Das, Standing Counsel (Vig.) CORAM:
Mr. Sangram Das, Standing Counsel (Vig.) CORAM: JUSTICE S.K. SAHOO ORDER 10.04.2023
Order No.
Heard the learned counsel for the petitioner and learned Standing Counsel for the Vigilance Department. The petitioner has challenged the order dated 04.05.2018 passed by the learned Special Judge (Vigilance), Dhenkanal in T.R. Case No.17 of 2016 (arising out of Dhenkanal T.R. Case No.63 of 2017Cuttack T.R. Case No.17 of 2016 in Vigilance G.R. Case No.79 of 2012) in dismissing the petition for discharge filed by the petitioner under section 239 Cr.P.C. and posting the case to 14.05.2018 for consideration of
// 2 //
charge.
No stay order has been granted by this Court to the trial of the case.
When a query is made to the learned counsel for the petitioner about the status of the case, he fairly submitted that in the meantime, after framing of the charge, trial has already commenced.
In view of such lis pendens development, I am not inclined to interfere with the impugned order and accordingly, this CRLREV stands dismissed.
Sipun
( S.K. Sahoo)
Judge
Page 2 of 2
2 issues framed by the court
Whether the High Court should interfere with the impugned order dismissing the discharge petition when the trial has commenced on lis pendens.
Whether a warrantless search by the Central Vigilance Commission is legal under Article 14 and Article 21 of the Constitution of India.
1 provisions across 1 enactments
Rama Chandra Patra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
