Citation : 2023 Latest Caselaw 939 Ori
Judgement Date : 27 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.1469 of 2022
Jyoti Clara Herenj .... Petitioner
Mr. P.K. Mishra, Advocate
-versus-
1. State of Odisha
2. Sandeep Kumar
Mohanty .... Opp. Parties
Mr. Arupananda Das,
Addl. Government Advocate
Mr. B.C. Das, Advocate for
opposite party no.2
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 27.01.2023
09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the opposite party no.2.
This is an application under Article 227 of the Constitution of India filed by the petitioner Jyoti Clara Herenj with a prayer to quash the order dated 02.06.2022 passed by the learned S.D.J.M. (Sadar), Cuttack in 1.C.C. Case No.776 of 2016 in rejecting the recall petition filed under section 311 of Cr.P.C. to recall // 2 //
witness Learned counsel for opposite party no.2 submitted that in the case, the judgment has been kept in a sealed cover but due to absence of the petitioner, it could not be pronounced.
In view of the fact that the judgment has been kept in a sealed cover, I am not inclined to interfere with the impugned order dated 02.06.2022 passed by the learned S.D.J.M. (Sadar), Cuttack.
Accordingly, the CRLMP being devoid of merits, stands dismissed.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM
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