Citation : 2025 Latest Caselaw 2732 Ori
Judgement Date : 17 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13986 of 2023
Rabindra Kumar Mohanta .... Petitioner
Mr. S.K. Mishra, Sr. Advocate assisted by
Mr. J. Pradhan, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Sanjib Ku. Swain, AGA
CORAM:
JUSTICE M.S.SAHOO
ORDER
17.01.2025 Hybrid Mode Order No.
12. 1. By order dated 10.01.2025, the following was directed:-
"1. Mr. S.R. Behera, learned counsel submits that though interim order was passed by order dated 22.11.2024 by this Court in I.A. no.1294 of 2024 filed by the petitioner, in the meanwhile the petitioner has been released on bail by the learned court in seisin of the matter by an order date of which he is not aware of it.
2. The Registrar (Judicial) shall obtain a detailed report from the learned court in seisin of the matter through the concerned District and Sessions Judge giving the details of the chronological dates and the orders passed by the learned court in seisin of the matter explaining the circumstances in which after/before grant of interim bail by this Court in order dated 22.11.2024 the petitioner was granted bail by the learned court in seisin of the matter.
3. The report be furnished by 16.01.2025 along with a note to be laid by the learned Registrar Judicial. List on 17.01.2025 at 4 P.M., if this Bench is otherwise not available.
Registry to do the needful.
Learned Additional Government Advocate shall also obtain up-to-date instruction in the matter."
2. Pursuant to the above order, learned Additional District
& Sessions Judge-cum-Special Court under POCSO Act,
Mayurbhanj by letter dated 16.01.2025 addressed to the
Registrar (Judicial) has given the details that the petitioner
was not granted either regular bail or interim bail after the
order dated 22.11.2024 passed by this Court in I.A. No.1294
of 2024 arising out of BLAPL No.13986 of 2023. It has been
further indicated that upon completion of the trial the
petitioner has been acquitted by judgment dated 03.12.2024
in C.T. Case No.39 of 2023 (Rabindra Kumar Mohanta vrs.
State of Odisha).
3. Learned Senior Counsel on behalf of the petitioner is
virtually present and submits that the petitioner has been
acquitted, due to lack of communication the learned counsel
on behalf of the petitioner had stated that the petitioner has
been granted bail by the learned trial Court.
The learned Additional Government Advocate submits
that in view of the acquittal of the petitioner nothing
survives.
4. The petition has been rendered infructuous and stands
disposed of.
The instructions dated 16.01.2025 received from the
learned Additional District & Sessions Judge-cum-Special
Court under POCSO Act, Mayurbhanj and note laid by the
Registrar(Judicial) be kept on record.
Copy of this order shall be communicated to the
learned Additional District & Sessions Judge-cum-Special
Court under POCSO Act, Mayurbhanj.
Digitally Signed (M.S. Sahoo)
Reason: Authentication Judge
Location: OHC
Date: 20-Jan-2025 16:34:26
RJ
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