Vijay Verma vs Republic Of India(Cbi)
2022 Latest Caselaw 5747 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMC No. 1309 of 2022

            Vijay Verma                               ....               Petitioner
                                         Mr. Surya Kanta Padhi, Senior Advocate

                                            -Versus-
            Republic of India(CBI)                     ....         Opposite Party

                                         Mr. S.Nayak, Standing Counsel for CBI

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                          ORDER

19.10.2022 Order No.

03. 1. Heard learned Senior Advocate Mr. S.K.Padhi appearing for the petitioner and Mr. Nayak, learned counsel appearing for the CBI.

2. Hearing is concluded.

3. Order is reserved.

4. Learned Senior Advocate Mr. Padhi relies on the decisions of the Kerala High Court in Abhilash Vrs. State of Kerala and a judgment of Madras High Court in Syed Samsudeen Vrs. The Chief Immigration Officer submitted with the reference and contends that the petitioner is on anticipatory bail and when it is in force unless until cancelled, the CBI could not have issued the lookout circular. In course of argument, Mr. Nayak learned counsel for the CBI submits that the petitioner has violated the conditions of bail and did not cooperate in the investigation and that apart, the present application under Section 482 Cr.P.C. is not maintainable for the fact that it has been at the behest of the petitioner filed through a power of attorney holder. While contending so, Mr.

kabita Nayak relies on the decision of the Delhi High Court reported in 2022 SCC Online Delhi 24 which is to the effect that challenge in terms of Section 482 of Cr.P.C. is not maintainable through a power of attorney which is sought to be distinguished by Mr. Padhi, learned Senior Advocate. The citations be kept on record.

(R.K. Pattanaik) Judge