Mahammed Sadeque vs State Of Odisha & Ors
2022 Latest Caselaw 4676 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                   RPWPET (RPC) No.137 of 2016


        Mahammed Sadeque                      ....            Petitioner
                                                   Mr. K.K. Rout, Adv

                                  -versus-

        State of Odisha & Ors.                ....     Opposite Parties
                                              Mr. D.R. Mohapatra,SC
                                                 (for S & ME Deptt.)



                CORAM:
                DR. JUSTICE S.K. PANIGRAHI

Order                             ORDER
No.                              13.09.2022

7. 1. This matter is taken up through hybrid mode.

2. Learned counsel for the parties are present. Judgment

prepared in separate sheets is delivered and pronounced

in open Court in the presence of learned counsel for the

parties and the order is passed accordingly as follows:-

3. A person having done wrong cannot take advantage of

his own wrong and plead bar of any law to frustrate the

lawful trial by a competent Court. Nor can a person claim

any right arising out of his own wrong doing. In regards

// 2 //

to the same, the Supreme Court in the case of Devendra

Kumar vs State Of Uttaranchal & Ors.1 held that:

"23. More so, if the initial action is not in consonance with law, the subsequent conduct of a party cannot sanctify the same. "Subla Fundamento cedit opus"- a foundation being removed, the superstructure falls. A person having done wrong cannot take advantage of his own wrong and plead bar of any law to frustrate the lawful trial by a competent Court. In such a case the legal maxim Nullus Commodum Capere Potest De Injuria Sua Propria applies. The persons violating the law cannot be permitted to urge that their offence cannot be subjected to inquiry, trial or investigation. (Vide: Union of India v. Maj. Gen. Madan Lal Yadav2; and Lily Thomas v. Union of India & Ors.3)."

4. In view of the above, the instant Review Petition filed

by the Petitioner is devoid of merit and the same is

dismissed.

(Dr. S.K. Panigrahi) Judge

B.Jhankar

AIR 2013 SC 3325.

AIR 1996 SC 1340

AIR 2000 SC 1650