Narana @ Narayan vs State Of Odisha
2023 Latest Caselaw 2330 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLREV No.219 of 2010

              1. Narana @ Narayan
                 Behera
              2. Kantha Mallik
              3. Kuna @ Purna Chandra
                 Bhoi                           ....      Petitioners

                                 Mr. P. K. Behera, Advocate

                                     -versus-

              State of Odisha                   ....      Opp. Party

                                 Mr.Rajesh Tripathy,
                                 Addl. Standing Counsel
                                 Mr. Sidhartha Mishra,
                                 Advocate for the informant

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No. 22.03.2023

07. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. P. K. Behera, learned counsel for the petitioners, Mr. Sidhartha Mishra, learned counsel for the informant as well as Mr. Rajesh Tripathy, learned Addl. Standing Counsel for the State.

Learned counsel for the petitioners on instruction submitted that the petitioner no.1-Narana @ Narayan Behera is dead and he intends to file an interim application to delete the name of petitioner no.1 from the cause title.

// 2 //

Learned counsel for the petitioners submitted that the revision petition has been filed challenging the judgment and order dated 04.02.2010 passed by the learned Nyayadhikari, Puri in G.R. Case No.1233 of 2005 /T.R. No.126/2009 in convicting the petitioners under sections 323/341/34 of the Indian Penal Code and sentenced them to pay a fine of Rs.600/-(Rupees six hundred) each, in default, to undergo S.I. for a period of twenty days for the offence under section 323 of the Indian Penal Code and to pay a fine of Rs.200/- (rupees two hundred) each, in default, to undergo S.I. for a period of five days for the offence under section 341 of the Indian Penal Code.

Section 376 Cr.P.C. which deals with no appeal in petty cases indicates that the appeal by a convicted person will not be maintainable if a Magistrate of the First Class passes only a sentence of fine not exceeding one hundred rupees.

In this case, admittedly, fine has been awarded exceeding one hundred rupees and therefore, when a question was posed to the learned counsel for the petitioners instead of preferring the appeal before the Sessions Judge, Puri under section 374 Cr.P.C., how they have preferred this revision, he seeks some time to examine on this point.

As prayed for, list this matter on 29th March 2023.

( S.K. Sahoo) Judge Sipun