Prasanta Meher vs State Of Odisha
2025 Latest Caselaw 4494 Ori

Orissa High Court

Prasanta Meher vs State Of Odisha on 28 February, 2025

Bench: S.K. Sahoo, Murahari Sri Raman

                           IN THE HIGH COURT OF ORISSA AT CUTTACK
                                           CRLA No.992 of 2022

                            Prasanta Meher                       ....         Appellant

                                               Mr. Sabyasachi Mishra,
                                               Advocate
                                                 -versus-

                            State of Odisha                      ....        Respondent
                                               Mr. Sarat Pradhan,
                                               Addl. Standing Counsel

                                             CORAM:
                                THE HON'BLE MR. JUSTICE S.K. SAHOO
                          THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                                     ORDER

Order No.                                          28.02.2025
            03.                  This   matter      is   taken        up    through    Hybrid

arrangement (video conferencing/physical Mode).

Perused the explanations submitted by the Superintendent, Criminal Appeal Section so also the Dealing Assistant in this appeal. The explanations are taken on record.

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Learned counsel for the appellant has filed a memo Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Feb-2025 18:20:47 for withdrawal of the CRLA, which is taken on record.

It appears that the appellant Prasanta Meher filed CRLA No.377 of 2018 challenging the impugned judgment and order of conviction dated 03.04.2018 passed by the learned Sessions Judge, Nuapada in S.T. Case No.74 of 2015 through advocates Mr. Shaktidhar Mishra and Mr. A.K. Nanda on 08.05.2018. Subsequently, Mr. Sabyasachi Mishra and his associates filed Vakalatnama in the said

CRLA No.377 of 2018 on 19.02.2022 and accordingly, the names of Mr. Shaktidhar Mishra and Mr. A.K. Nanda were deleted and the names of Mr. Sabyasachi Mishra and his associates were shown as the advocates of appellant Prasanta Meher. While the said CRLA No.377 of 2018 was subjudiced, the present criminal appeal i.e. CRLA No.992 of 2022 was filed by Mr. Sabyasachi Mishra and his associates on 04.11.2022 and even though the F.I.R. details matched for search criteria indicates that at the time of filing of CRLA No.992 of 2022, CRLA No.377 of 2018 was pending, however, in the certificate portion, learned counsel has mentioned that "The matter out of which this criminal appeal arises was never before this Hon'ble Court in this form as per the instruction received from the appellant".

The certificate portion is not correct in view of the pendency of the earlier criminal appeal filed by the appellant - Prasanta Meher, in CRLA No.377 of 2018.

Let the learned counsel for the appellant Mr. Sabyasachi Mishra file an affidavit in person explaining under what circumstances after entering appearance in CRLA No.377 of 2018 by filing Vakalatnama on 19.02.2022 for the appellant Prasanta Meher, again he filed this criminal appeal i.e. CRLA No.992 of 2022 on 04.11.2022, in which challenge is made to the self-same judgment and order of conviction giving erroneous certificate.

List this matter in the week commencing from 10.03.2025.

The explanations submitted by the Superintendent, Criminal Appeal Section so also the Dealing Assistant shall be considered on that date.

( S.K. Sahoo) Judge

(M.S. Raman) Judge sipun