Citation : 2023 Latest Caselaw 4164 Ori
Judgement Date : 21 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 656 of 2021
State of Odisha .... Appellant
Mr. Manoj Kumar Khuntia, Addl. Govt. Advocate
-versus-
Rabi Narayan Nanda and Another .... Respondents
Mr. Dayananda Mohapatra, Advocate (R/1)
CORAM:
THE CHIEF JUSTICE
JUSTICE G. SATAPATHY
ORDER
Order No. 21.04.2023
I.A. No.1985 of 2023
07. 1. This application has been filed for restoration of W.A. No.656 of 2021, which was disposed of by order dated 27th March, 2023.
2. For the reasons stated therein, the application is allowed.
3. The order dated 27th March, 2023 is recalled and W.A. No.656 of 2021 is restored to its original file.
W.A. No. 656 of 2021
4. This writ appeal is restored by virtue of the order passed today in I.A. No.1985 of 2023.
5. Learned Additional Government Advocate for the Appellants- State is unable to dispute the fact that the Respondent stands acquitted by the judgment dated 18th April, 2022 by the Special Judge (Vigilance), Jeypore in T.R. Case No.8 of 2011.
6. Having heard learned counsel for the parties and having perused the impugned order 24th February, 2021 passed in W.P.(C) No.569 of 2021 by the learned Single Judge, the Court clarifies that the
impugned order will be confined to the peculiar facts and circumstances of the present case and will not constitute a precedent for other cases.
7. The writ appeal is disposed of in the above terms.
(Dr. S. Muralidhar) Chief Justice
(G. Satapathy) Judge Subhasmita
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