Kalia @ Binod Swain & vs State Of Orissa .... Opp. Party
2024 Latest Caselaw 10340 Ori

Orissa High Court

Kalia @ Binod Swain & vs State Of Orissa .... Opp. Party on 21 June, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        CRLREV No.599 of 2014
             Kalia @ Binod Swain &     ....                Petitioners
             another

                                                                  None

                                     -versus-
             State of Orissa                     ....      Opp. Party
                                                         Mr.S. Patra,
                                                                AGA


         CORAM:
              JUSTICE SIBO SANKAR MISHRA

Order                                ORDER
 No.                               21.06.2024

05. 1. None appears for the petitioners.

2. The petitioners were subjected to trial for the alleged offences U/S. 457/395 IPC and Section-27 of the Arms Act.

3. Learned Asst. Sessions Judge, Athamalik vide its judgment dated 29.09.2011 has convicted the petitioners for the offences U/Ss. 457/394 IPC & Section-27 of the Arms Act and accordingly sentenced them.

4. The petitioners had assailed the said conviction and order of sentence by filing appeal before the Court of the Addl. Sessions Judge, Angul in Criminal Appeal No.15 of 2011. The appellate Court vide its judgment dated 03.03.2014 has reversed the judgment of the learned trial Court and remanded the matter back to the learned trial Court to hear the matter afresh after examining learned Magistrate, who conducted the T.I. Parade. Against the said judgment of the appellate Court, the present revision petition has been filed.

5. Vide order dated 08.08.2014 this Court had stayed the proceeding before the Court below. As a result of which even after remand of the matter by the appellate Court way back in the year 2014, the trial is stalled. The present revision petition is pending since 2014.

6. In the interest of justice, the matter is adjourned to 25.06.2024.

7. It is made clear that, if learned counsel for the petitioners does not appear on the next date, the interim order passed by this Court vide order dated 08.08.2014 shall be vacated.

(S.S. Mishra) Judge

subhasis

Location: High Court of Orissa, Cuttack.