Disposed¶21

Santosh Kumar Jena v. State of Odisha

Orissa HC5 Mar 2024WP(C)/4837/2024

Case brief

AI extract

What is this about?

Recall of order — intervention — opportunity of hearing — Section 144 Cr.P.C. proceeding (Criminal Misc. Case No.108 of 2023) before Executive Magistrate, Delang — disposal of petitioner's representation dated 08.12.2023 by opposite party No.3 — demarcation — modification of order dated 05.03.2024 in W.P.(C) No.4837 of 2024 — I.A. No.15717 of 2024 disposed of — High Court of Orissa, R.K. Pattanaik, J., 03.12.2024.

What did the court decide?

Intervenors allowed to be present and heard before opposite party No.3 in the disposal of the representation dated 8th December, 2023; order dated 5th March, 2024 in W.P.(C) No.4837 of 2024 modified to that extent; I.A. No.15717 of 2024 disposed of. ¶21

Santosh Kumar Jena Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the intervenors, who were parties in Criminal Misc. Case No.108 of 2023 before the learned Executive Magistrate, Delanga, should be heard in the disposal of the petitioner's representation dated 8th December, 2023, as directed by the order dated 5th March, 2024 in W.P.(C) No.4837 of 2024.

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Ratio / Principle

Since the intervenors were parties before the Executive Magistrate, Delang, they are permitted to be present and to be heard before opposite party No.3 at the time of disposal of the petitioner's representation dated 8th December, 2023.

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Key takeaways

The order dated 5th March, 2024 passed in W.P.(C) No.4837 of 2024 stands modified to the extent indicated, and I.A. No.15717 of 2024 is disposed of accordingly.ratio¶21

Detailed headnote1 paragraphs

Orissa High Court (R.K. Pattanaik, J.), W.P.(C) No.4837 of 2024, I.A. No.15717 of 2024, order dated 03.12.2024 — Interlocutory application by intervenors, who were parties in Criminal Misc. Case No.108 of 2023 initiated under Section 144 Cr.P.C. before the learned Executive Magistrate, Delanga, seeking recall of the Court's order dated 5th March, 2024 whereby the writ petition was disposed of at the admission stage with a direction to opposite party No.3 to consider disposal of the petitioner's representation dated 8th December, 2023. Held: considering the limited grievance of the intervenors and their participation before the Executive Magistrate, they are permitted to be present and be heard before opposite party No.3 at the disposal of the representation dated 8th December, 2023; the order dated 5th March, 2024 is modified to that extent and the I.A. stands disposed of. The writ petitioner's affidavit recording that the demarcation is already over was accepted and kept on record.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4837 of 2024

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Santosh Kumar Jena …. Petitioner

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Mr. S. K. Sarangi, Sr. Advocate

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-Versus-

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State of Odisha and others

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…. Opposite parties Mr. C.M. Singh, ASC Mr. B.P. Tripathy, Advocate

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

03.12.2024

Order No.

I.A. No.15717 of 2024

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1. Heard Mr. Tripathy, learned counsel for the intervenors and Mr. Sarangi, learned Senior Advocate appearing for the writ petitioner. Mr. Sudip Kuamar Sarangi, learned counsel has filed Vakalatnama for the petitioner today in Court, which is accepted and taken on record.

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Instant I.A. is filed seeking a recall of the Court’s order dated 5^th March, 2024 passed in W.P.(C) No.4837 of 2024 with consequential directions issued.

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Mr. Tripathy, learned counsel for intervenors submits that the intervenors were parties in the proceeding before the Court of learned Executive Magistrate, Delanga in Criminal Misc. Case No.108 of 2023 initiated under Section 144 Cr.P.C., however, the writ petition was disposed of by order dated 5^th March, 2024 at the admission stage. It is further submitted that the order dated 5^th March, 2024 is in relation to a disposal of the representation received from the petitioner and while considering such disposal, the intervenor should be heard in the interest of justice considering

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their participation before the Court of learned Executive Magistrate, Delang.

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Mr. Sarangi, learned Senior Advocate for the petitioners submits that the demarcation is already over and the direction was in respect of disposal of representation dated 8^th December, 2023. An affidavit is filed by the writ petitioner with annexures which is also accepted and be kept in record. Referring to the said affidavit, it is submitted by Mr. Sarangi, learned Senior Advocate that the demarcation is already over.

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Considering the limited grievance of the intervenors, since they were parties before the Executive Magistrate, Delang, the Court is inclined to allow them to be present and be heard before opposite party No.3, who has been directed to consider disposal of the representation dated 8^th December, 2023 as the same would serve the purpose and meet the ends of justice.

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With the modification of order dated 5th March, 2024 in W.P.(C) No.4837 of 2024 to extent above, I.A. stands disposed of.

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 05-Dec-2024 12:33:32

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Santosh Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Coram

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