Sushil Kumar Nayak vs The State Of Odisha & Ors. .... Opposite ...
2025 Latest Caselaw 2134 Ori

Orissa High Court

Sushil Kumar Nayak vs The State Of Odisha & Ors. .... Opposite ... on 6 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                  RVWPET No.302 of 2024

                                  Sushil Kumar Nayak          ....              Petitioner(s)
                                                            Mr. Srinivas Mohanty, Sr. Adv.
                                                                       along with associates
                                                         -versus-
                                  The State of Odisha & Ors. ....        Opposite Party (s)
                                                                        Mr. Saswat Dash, AGA
                                             CORAM:
                                             DR. JUSTICE S.K. PANIGRAHI

                                                    ORDER

                   Order                           06.01.2025
                   No.                        I.A. No.448 of 2024

02. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. This application under Section 5 of the Limitation Act has

been filed for condoning the delay of 222 days in preferring

the RVWPET No.302 of 2024.

4. Considering the submissions made on behalf of both the

parties and looking to the factual scenario of the case, this

Court condones the delay in preferring the RVWPET No.302

of 2024.

5. This I.A. is, accordingly, disposed of.

6. In filing this RVWPET, the Petitioner has prayed for

review of the direction of this Court made in Paragraph

Signed by: AYASKANTA JENA No.22 of the judgment dated 28.03.2024 passed in W.P.(C) Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-Jan-2025 17:37:31 No.21780 of 2015.

7. Heard learned counsel for the parties.

8. Considering the submissions made on behalf of the

Petitioners and looking to the averments made in this

Review Petition, this Court modifies the Paragraph No.22 of

the judgment dated 28.03.2024 to the following extent:-

"Though the younger son of the deceased is the

only claimant in this Writ Petition, in the interest of

justice and to mitigate the hardship faced by the

widow, two young sons of the deceased, and his

ageing mother; this Court, deems it fit to award

compensation of Rs.5,00,000/- (Rupees five lakhs

only) to be paid by the State Government to the

legal heirs of the victim and the said amount is

further directed to be recovered from the salary of

the concerned Police personnel against whom, the

Government has ordered prosecution and

departmental action, if he/she is found guilty of the

offence in the trial."

8. This RVWPET is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 08-Jan-2025 17:37:31