Smt. Padmalaya Panda vs State Of Odisha
2023 Latest Caselaw 362 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No. 3890 of 2022

            Smt. Padmalaya Panda                       ....              Petitioner
                                            Mr. Bishnu Prasad Pradhan, Advocate


                                           -Versus-


            State of Odisha                              ....        Opposite Party
                                                      Mr. Tapas Kumar Praharaj, SC


                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                           ORDER

10.01.2023 Order No.

01. 1. Heard learned counsel for the respective parties.

2. Issue notice to the opposite parties.

3. Mr. Praharaj, learned Standing Counsel for the State accepts notice on behalf of State.

4. It is submitted that the petitioner is the sister-in-law in so far as the other accused persons are concerned, they have been acquitted of all charges in S.T. Case No.439 of 2003/S.T. No.665 of 2003 by a judgment dated 8th June, 2006 of the learned Adhoc Additional Sessions Judge, Fast Track Court No.III, Cuttack. It is further submitted that in view of the acquittal judgment under Annexure-3 and confirmation vide Annexure-4 in CRLLP No.15 of 2008, the criminal proceeding initiated as against the petitioner should be quashed in the interest of justice.

5. Mr. Praharaj, learned counsel for the State on the other hand prays for some time to examine the deposition of the

witnesses and judgment under Annexure-3 to respond back on the next date.

6. Mr.T.K. Praharaj accepts notice on behalf of State.

7. Issue notice to the informant by Registered Post with A.D. making it returnable at an early date, Requisites for the above purpose shall be filed within a week from today.

8. List on 30th January, 2023.

(R.K. Pattanaik) Judge

I.A. No.3023 of 2022

01. 1. Mr. Mohapatra learned ASC for State submits that NBWA has been issued against the petitioner on 29th August, 2022 in G.R. Case No.107 (B) of 2002 by the court of learned S.D.J.M., Banki. It is also submitted that the interim order stood vacated in view of the order of the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Another Vrs. Central Bureau of Investigation reported in 2022 LiveLaw (SC) 440 and considering the same, petitioner should be protected by an interim order.

2. In view of the above, the NBWA issued against the petitioner shall not be executed till the next date of listing.

(R.K. Pattanaik) Judge U.K.Sahoo