Supreme Court - Daily Orders
The State Of Odisha(Vigilance) vs Anjali Panda on 28 March, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No._______ of 2022)
[Diary No. 18907 of 2020]
THE STATE OF ODISHA(VIGILANCE) Appellant(s)
VERSUS
ANJALI PANDA Respondent(s)
O R D E R
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 05-04-2019 passed by the High Court of Orissa at Cuttack in CRLREV No. 601/2016, whereby the High Court allowed the discharge application filed by the respondent.
For the nature of order that we propose to pass, we do not deem it necessary to dilate on the factual matrix of the case.
Suffice it to observe that the High Court has analyzed the matter as if it was deciding an appeal Signature Not Verified Digitally signed by against conviction and also went on to note the defects DEEPAK SINGH Date: 2022.03.31 18:22:24 IST Reason: in the investigation. That is not the scale on which a discharge application is to be dealt with. 2 The impugned judgment and order is, in our opinion, does not stand the test of judicial scrutiny. The same deserves to be set aside.
We have refrained from expressing any opinion on the factual matrix of the case as it should not come in the way of either party in pursuing the remedies before the Trial Court.
Needless to observe that the respondent will be free to pursue appropriate remedies, including to apply for suitable directions after completing the recording of prosecution evidence.
All contentions available to the parties in that behalf are left open.
The Trial Court is directed to proceed with the matter expeditiously as the offence was registered in the year 2010.
The appeal is allowed in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI;
MARCH 28, 2022.
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ITEM NO.28 Court 3 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 18907/2020 (Arising out of impugned final judgment and order dated 05-04-2019 in CRLREV No. 601/2016 passed by the High Court Of Orissa At Cuttack) THE STATE OF ODISHA(VIGILANCE) Petitioner(s) VERSUS ANJALI PANDA Respondent(s) (FOR ADMISSION and I.R. and IA No.89519/2020-CONDONATION OF DELAY IN FILING AND IA No. 89519/2020 - CONDONATION OF DELAY IN FILING) Date : 28-03-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv.
Md. Irshad Hanif, AOR Mr. Aarif Ali Khan, Adv. Mr. Rizwan Ahmad, Adv. Mr. Muzahid Ahmad, Adv. Mr. A.R. Siddiqui, Adv. Mr. Danish Sher Khan, Adv. Mr. Mrinal Kumar Sharma, Adv.
For Respondent(s) Mr. V. N. Sinha, Adv.
Mr. SK Patri, Adv.
Ms. Velasree S, Adv.
Ms. SJ Nanda, Adv.
Ms. Nayan Maggo, Adv.
Ms. Saloni Sharan, Adv. Mrs. Gargi Khanna, AOR Mr. Ishan Kapoor, Adv. Mr. Lalit Kumar Khanna, Adv.
UPON hearing the counsel the Court made the following O R D E R 4 Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]