Antaryami @ Amulya Nayak And vs State Of Odisha And Others
2022 Latest Caselaw 1919 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No.4166 Of 2022
                               (Through hybrid mode)

            Antaryami @ Amulya Nayak and             ....               Petitioners
            another

                                                   Mr. R.Das Mohapatra, Advocate

                                          -versus-

            State of Odisha and others               ....          Opposite Parties

                                                            Mr. P.C. Panda, AGA

                      CORAM: JUSTICE ARINDAM SINHA
                                      ORDER

21.03.2022 Order No.

01. 1. Mr. Das Mohapatra, learned advocate appears on behalf of

petitioners and submits, his clients were wrongfully taken into

custody. The witnesses could not identify petitioners as accused. In the

circumstances, his clients have sought compensation and appropriate

directions be made by this Court.

2. Mr. Panda, learned advocate, Additional Government Advocate

appears on behalf of State and submits, action taken against petitioners

was in good faith. By judgment dated 18th December, 2020, of

Assistant Sessions Judge, Balasore, petitioners were acquitted.

3. It appears from said judgment, the Court found and directed the

case be entered as a mistake of fact. On query from Court, it appears,

// 2 //

the judgment has been accepted by State.

4. State is directed to issue instructions for purpose of filing

counter. Counter be filed by 11th April, 2022.

5. Petitioners may file rejoinder by 18th April, 2022.

6. List on 20th April, 2022. In event, counter is not filed on

adjourned date, Court is likely to draw adverse presumption against

the State.

(Arindam Sinha) Judge Prasant