Subarnamala Nayak vs State Of Odisha And Others
2022 Latest Caselaw 7064 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.32236 of 2022
                           (Through hybrid mode)

        Subarnamala Nayak                       ....              Petitioner

                                          Mr. Trilochan Barik, Advocate
                                     -versus-

        State of Odisha and others              ....        Opposite Parties

                                                 Mr. A.K. Sharma, AGA


                  CORAM: JUSTICE ARINDAM SINHA
                                   ORDER

Order                             02.12.2022
No.
  1.    1.      Mr. Barik, learned advocate appears on behalf of petitioner and

submits, inspite of conclusion of Fake Caste Certificate case against

his client, again there has been initiation of another. He submits, this is

not permissible in law. He draws attention to final order dated 28th

March, 2009 in Fake Caste Certificate Case no.50 of 2008 against his

client, whereby it was unanimously held that the allegation is not a

fact and reasons given. He relies on judgment of the Supreme Court in

Madhuri Patil v. Addl. Commissioner, Tribal Development

reported in AIR 1995 SC 94, paragraph-11, reproduced below.

"11. The order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution."

(emphasis supplied)

// 2 //

2. On query from Court it is ascertained that Code of Criminal

Procedure, 1973, in section 300 provides that a person once acquitted

is not to be tried for the same offence.

3. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and prays for adjournment to

obtain instruction.

4. List on 8th December, 2022.

5. Impugned Fake Caste Certificate case is not to be proceeded

with till next date.

(Arindam Sinha) Judge Sks