Laxmidhar Behera And Others vs State Of Odisha
2022 Latest Caselaw 4019 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLA No.197 of 2009


            Laxmidhar Behera and others                ....           Petitioners
                                                                          None
                                         -versus-
            State of Odisha                           ....     Opposite Party
                     Mr. Janmejaya Katikia, Additional Government Advocate



             CORAM:
             THE CHIEF JUSTICE
             JUSTICE CHITTARANJAN DASH


                                        ORDER

Order No. 16.08.2022

10 1. This appeal is directed against the judgment dated 31st March, 2009 passed by the learned Sessions Judge, Keonjhar in ST No.205 of 2005.

2. It is seen that the present Appeal was filed by four Appellants i.e. Laxmidhar Behera (Appellant No.1), Basanta Behera (Appellant No.2), Turi @ Kuntala Behera (Appellant No.3) and Amar Pradhan (Appellant No.4).

3. However, it has been brought to the notice of the Court by the Directorate of Prisons that during the pendency of this appeal, the Government of Odisha in exercise of the powers conferred by Section 432 of the Code of Criminal Procedure, 1973 has remitted the unexpired portion of the sentence passed against the

Laxmidhar Behera (Appellant No.1) and ordered his premature release and pursuant thereto, he has already been released.

4. In view of the above, the appeal as far as Appellant No.1 Laxmidhar Behera is concerned has become infructuous and is disposed of as such. However, he is at liberty to approach the Court for revival of this appeal, in case he wishes to have the appeal decided on merits.

5. Consequently, the present appeal will continue as far as the co- Appellants, Basanta Behera (Appellant No.2), Turi @ Kuntala Behera (Appellant No.3) and Amar Pradhan (Appellant No.4) is concerned. A report be called for from the jail authority about them for the next date including the total number of years spent by them in custody. The cause title of the present appeal be corrected as Basanta Behera and others v. State of Odisha.

6. List this appeal for hearing on 21st September, 2022.

(Dr. S. Muralidhar) Chief Justice

(Chittaranjan Dash) Judge

M. Panda