Daruna Nayak And vs State Of Orissa .... Opposite Party
2024 Latest Caselaw 16886 Ori

Orissa High Court

Daruna Nayak And vs State Of Orissa .... Opposite Party on 20 November, 2024

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLREV No.1229 of 2007

             Daruna Nayak and               ....             Petitioners
             Others
                                           Mr. K.K. Gaya, Advocate

                                    -versus-

             State of Orissa                ....         Opposite Party
                                                   Mr. S. Panda, ASC


                          CORAM: JUSTICE V. NARASINGH
                                       ORDER

20.11.2024 Order No.

18. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. Learned counsel for the State referring to the judgment of the Apex Court in the case of Pradeep Ram Vrs. State of Jharkhand and another reported in (2019) 17 SCC 326 submits that in view of the addition of higher offence since the learned Magistrate is denuded of his jurisdiction, his application for recall of NBW is not maintainable.

3. Learned counsel for the Petitioners refutes such submission and relies on the judgment of this Court in the case of ABLAPL No.15138 of 2023, dated 16.04.2024. Copy thereof has been served on the learned counsel for the State.

4. List this matter on 30.11.2024.

5. Interim order passed earlier shall continue till the next date.

6. The judgment of the Apex Court in the case of Pradeep Ram(Supra) is taken on record.

                                                (V. NARASINGH)
            SOUMYA                                   Judge

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 21-Nov-2024 18:57:07