Subrat Prasad Dash & Others vs State Of Odisha & Another .... Opposite ... on 14 November, 2022

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Orissa High Court

Subrat Prasad Dash & Others vs State Of Odisha & Another .... Opposite ... on 14 November, 2022

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No. 2143 of 2018

            Subrat Prasad Dash & Others              ....             Petitioners
                                                     Mr.U.C. Mishra, Advocate

                                          -Versus-


            State of Odisha & another                ....        Opposite Parties
                                                       Mr. S.S.Mohapatra, ASC


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                         ORDER

14.11.2022 Order No.

13. 1. Heard in part.

2. List on 2nd December, 2022 for final hearing and disposal of the CRLMC.

(R.K. Pattanaik) Judge I.A. No. 2140 of 2022

14. 1. Mr. Mishra, learned counsel for the petitioners submits that the order dated 30th August, 2022 in CRLMC No. 2143 of 2018 is required to be recalled since because the notification of the Government of the year 2007 has not been taken into account while dismissing the prayer for quashing of the order of cognizance passed in 2(c)C.C. No. 221 of 2018 in respect of the offence under Section 23 & 25 of the PC & PNDT Act, 1994.

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2. Mr. Mohapatra, learned counsel for the State submits that the final order cannot be reviewed in view of the bar contained in Section 362 Cr.P.C. In response to the above, Mr. Mishra learned counsel for the petitioners submits that the bar under Section 362 Cr.P.C. does not apply to present case and this Court is well within its powers to recall and review the order in exercise of inherent jurisdiction Section 482 Cr.P.C.

3. In course of hearing, Mr. Mishra learned counsel for the petitioners submits that he would satisfy the Court on the next date with regard to maintainability of the I.A. with prayer to recall the final order passed in the CRLMC.

4. However, Mr. Mishra further submits that until disposal of the CRLMC since NBWA has been issued and it is pending execution against the petitioners, interim protection should be granted to them.

5. Considering the above submission, this Court as an interim measure directs that there shall be no coercive action taken against the petitioners in connection with 2(c)C.C. No. 221 of 2018 pending in the court of learned SDJM, Berhampur, Ganjam till the next date.

6. List on the date fixed.

7. Urgent certified copy be issued as per rules.

(R.K. Pattanaik) Judge kabita Page 2 of 2

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