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Santosh Kumar Pandi @ Kuna Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2024)

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Orissa HC
2024
Santosh Kumar Pandi @ Kuna Vs State of OdishaSantosh Kumar Pandi @ Kuna v. State of Odisha

Dismissed

Santosh Kumar Pandi @ Kuna v. State of Odisha

Orissa HC4 Sept 2024CRLMC/3359/2024

Case brief

AI extract

What is this about?

The High Court held that an application rejecting a bail petition under Section 205 CrPC is not maintainable under revision as such orders are liable under Sections 397 and 401 CrPC. The appellant withdrew the CRLMC with liberty to file revision.

What did the court decide?

The application is permitted to be withdrawn with liberty to file a revision application within two weeks.

What the court decided

AI extract

Outcome

The application is permitted to be withdrawn with liberty to file a revision application within two weeks.

Issue for consideration

Whether an application for rejection of bail under Section 205 CrPC is maintainable when the Court holds such orders are revisible under Sections 397 and 401 CrPC.

Detailed headnote1 paragraphs

The Court held that orders rejecting petitions under Section 205 CrPC are revisable in nature under Sections 397 and 401 CrPC and thus a revision application under the wrong provision is not maintainable. The current CRLMC is dismissed as withdrawn without prejudice to the liberty to file a proper revision application within two weeks.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3359 of 2024

1) Santosh Kumar Pandi @ Kuna

.....

Appellants

Manoj Kumar Pandi Represented By Adv. - Tapas Kumar Acharya

-versus-

State Of Odisha

..... Respondent Represented By Adv. - Mr.M.R.Mishra, ASC

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

In view of the fact that this Court has taken a consistent view that the order rejecting the Petition under section 205 Cr.P.C. is revisable in nature under section 397 read with Section 401 Cr.P.C., the present application is not maintainable.

Considering the prayer of the learned counsel for the Petitioner that the Petitioner does not want to press this application with liberty to file a revision application, the present CRLMC is permitted to be withdrawn with liberty to the Petitioner to file a revision application within two weeks.

Page 1 of 2 .

I.A.NO.2356 OF 2024

As an interim, it is directed that on an application being filed by the Petitioner before the trial court, the trial court shall not proceed with the matter for a period of two months.

( A.K. Mohapatra) Judge

RKS

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2024 14:43:53

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether an application for rejection of bail under Section 205 CrPC is maintainable when the Court holds such orders are revisible under Sections 397 and 401 CrPC.

Statutes considered

3 provisions across 1 enactments

AI extract

CrPC205397401

Parties & counsel

AI extract

appellant
Santosh Kumar Pandi
respondent
State Of Odisha

Coram

AI extract

Aditya Kumar Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 4 Sept 2024 · September
Registered: 2 Sept 2024
Case no.: CRLMC/3359/2024
CNR: ODHC010641602024
Topic: Criminal Trial and Appeal
Bench: Aditya Kumar Mohapatra
Disposal: Converted

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Cite this judgement

Santosh Kumar Pandi @ Kuna v. State of Odisha, CRLMC/3359/2024 (OD), decided on 4 September 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

CrPC205 · 397 · 401

View all statutes

Bench / Coram

Aditya Kumar Mohapatra

Parties & counsel