Ramyajyoti Panda vs State Of Orissa
2023 Latest Caselaw 3754 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 3536 of 2019

             Ramyajyoti Panda                              ....           Petitioner
                                                    Mr. Manas Chand, Advocate

                                           -versus-


             State of Orissa                             ....     Opposite Party
                                                  Mr. Prasanna Kumar Mohanty
                                                   Additional Standing Counsel

                         CORAM:
                         THE CHIEF JUSTICE

                                           ORDER

Order No. 18.04.2023

04. 1. It is pointed out that despite the judgment dated 27th September, 2018 passed by the Supreme Court of India in Joseph Shine v. Union of India holding Section 497 IPC to be unconstitutional, the charge has been framed by the J.M.F.C., Bhawanipatna on 5th December, 2018 in C.T. Case No. 339 of 2017 against the Petitioner under that very provision.

2. Notice. Mr. Prasanna Kumar Mohanty, learned Additional Standing Counsel accepts notice on behalf of the Opposite Party-State.

3. In view of the fact that the legal position is absolutely clear as a result of the judgment in Joseph Shine (supra), it is obvious that the order framing charge against the Petitioner for the offence under Section 497 IPC is unsustainable in law and it is accordingly hereby set aside. In other words, the Petitioner will stand discharged in C.T. Case No.339 of 2017 pending in the Court of the J.M.F.C., Bhawanipatna.

4. The CRLMC is disposed of in the above terms. The Superintendent of the concerned Branch is directed to communicate this order to the concerned Subordinate Court forthwith.

(Dr. S. Muralidhar) Chief Justice

S. Behera