Saroj Ranjan Patnaik And Another vs Government Of India And Another .... ...
2025 Latest Caselaw 8417 Ori

Orissa High Court

Saroj Ranjan Patnaik And Another vs Government Of India And Another .... ... on 18 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLREV No. 362 of 2017
            Saroj Ranjan Patnaik and another ....                  Petitioners
                                                  Mrs. P. Rath, Sr. Advocate
                                              Mr. C. Bidyabhusan, Advocate
                                       -Versus-
            Government of India and another         ....     Opposite Parties
                                                         Mr. P.K. Ray, AGA
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                      ORDER

18.09.2025 Misc. Case No.544 of 2017 Order No.

11. 1. Heard Mrs. Rath, learned Senior Advocate appearing for the petitioners.

2. Instant petition is filed seeking stay of the further proceeding in 2(c)(C) No.36 of 2013 pending before the learned court below.

3. It is submitted to the Court by Mrs. Rath, learned Senior Advocate for the petitioners that the OMC has not been arrayed as an accused, hence, therefore, the complaint as such is not maintainable and relies on judgment of this Court in CRLMC Nos.1923 and 1925 of 2018 dated 26th August, 2019. It is submitted that the OMC is required to be an accused in view of Section 16(1) of the Environment Protection Act, 1986.

4. However, the revision is filed against the impugned order dated 21st January, 2017.

5. No one appears for opposite party No.1 at the time of call. The Court is to consider the response of opposite party No.1 in view of the contention advanced by Mrs. Rath, learned Senior Advocate for the petitioners challenging the maintainability of the complaint before the learned court below and demanding discharge of the petitioners.

6. In view of the above and since, delay in filing the revision is still to be considered in Misc. Case No.543 of 2017, recording the submission of Mrs. Rath, learned Senior Advocate for the petitioners that the hearing in the complaint is to commence shortly, this Court, as an interim measure, stays the further proceeding in 2(c)(C) No.36 of 2013 as an interim measure.

7. List on 16th October, 2025 for further orders.

8. Urgent copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

1. List on the date fixed for orders.

(R.K. Pattanaik) Judge

1. List on the date fixed for further orders.

2. Mr. C. Bidyabhusan, learned counsel and his associates appears for the petitioners and files the Vakalatnama today, which is accepted and taken on record with their names be reflected in the cause list and brief henceforth.

(R.K. Pattanaik) Judge

Rojina

Designation: Junior Stenographer