'Even Jailed Convict Entitled To Fair Wages': Orissa High Court Orders Release Of Lecturer's Salary Withheld Pending Disciplinary Action

The Orissa High Court has upheld an order passed by a Single Bench in 2024 which directed the government to release the accrued salary of a lecturer who has been denied pay since November, 2022 on the ground of pending disciplinary proceeding. [2026 LiveLaw (Ori) 62]Providing relief to the employee, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash held...

'Medical Evidence Alone Can't Prove Authorship Of Crime': Orissa High Court Acquits Man In 2002 Witchcraft Murder

The Orissa High Court on Tuesday (June 23) acquitted a man who was convicted by a Sessions Court in 2003 for committing murder of a person suspecting him to be practising witchcraft.Finding lack of evidence against the appellant/convict and significant gaps in the prosecution case, the Bench of Justice Manash Ranjan Pathak and Justice Sashikanta Mishra held–“Defence has not disputed...

Police Must Electronically Inform Jurisdictional Court Of Date, Time & Place Of Out-Of-State Arrest Without Warrant: Orissa High Court

The Orissa High Court has held that whenever a person is arrested without warrant outside the State, the arresting officer must immediately inform the jurisdictional court of the date, time and place of arrest through electronic means, including e-mail. [2026 LiveLaw (Ori) 61]Issuing a slew of guidelines to ensure fairness in arrests made outside the jurisdiction of the court,...

S. 457 CrPC | Magistrate Can't Unilaterally Cancel Interim Release Of Seized Property Without Giving Opportunity Of Hearing: Orissa High Court

The Orissa High Court has held that a Magistrate cannot unilaterally cancel/recall his previous order under Section 457 CrPC granting interim release/zima of a seized property in favour of a party, without affording an opportunity of hearing to the zimadar, except in case of violation of conditions of such release. [2026 LiveLaw (Ori) 60]A Bench of Dr. Justice Sanjeeb Kumar Panigrahi was of...

Orissa High Court Directs DGP To Ensure Arrest Memos Mention Written Grounds Of Arrest In Language Understood By Arrestee

The Orissa High Court has ordered the Director General of Police (DGP) to put out a circular mandating all the concerned police officials of the State to mandatorily provide grounds of arrest in the arrest memorandum in a language understood by the accused/arrestee. [2026 LiveLaw (Ori) 59]While declining to quash the arrest and remand of certain persons accused of peddling ganja in excess...

Warning Against Filing Frivolous Petitions Doesn't Make Interlocutory Order Revisable: Orissa High Court

The Orissa High Court has held that the cautionary observation of a Magistrate, while rejecting a plea seeking cancellation of bail, asking parties not to file “frivolous and vexatious petitions in future” is interlocutory in nature, which cannot be challenged in revision under Section 397 of the Code of Criminal Procedure (CrPC). [2026 LiveLaw (Ori) 58]Reversing the findings of the...

'Judicial Orders Not Being Given Importance': Orissa High Court Raps Police Over 8-Month Delay In FIR Registration Despite Magistrate's Order

The Orissa High Court has expressed disappointment over lackadaisical attitude of police resulting in eight-months delay in registration of FIR despite Magisterial order in a case concerning financial exploitation of an elderly woman from the Scheduled Caste community. [2026 LiveLaw (Ori) 57]Dismissing the explanation furnished by the concerned Inspector-In-Charge (IIC), the Bench of...

'Scant Regard' For Judicial Orders By Police Delays Justice, Floods High Court With Petitions: Orissa High Court Asks DGP To Intervene

The Orissa High Court has directed the Director General of Police (DGP) to pass necessary instructions to the Superintendents of Police (SPs) all across the State to ensure regular and strict execution of judicial orders by police officials, especially at the level of Inspectors In-Charge (IICs). [2026 LiveLaw (Ori) 56]While deciding a suo moto contempt proceeding initiated against an IIC...

Before Issuing NBW Against Accused On Bail, Court Should Consider Notice To Bailors Or Bailable Warrant: Orissa High Court

The Orissa High Court has held that a Non-Bailable Warrant (NBW) should not ordinarily be issued against an accused who is on bail, without first resorting to issuance of notice to his bailors and issuing bailable warrant, if needed.While setting aside an order directing issuance of NBW, the Bench of Justice Gourishankar Satapathy observed–“Liberty of a person cannot be taken away...

S. 173(8) CrPC | Magistrate Can Direct Further Investigation Even Without Prayer From Investigating Agency/ Complainant: Orissa High Court

The Orissa High Court has held that a Magistrate or a Special Judge is empowered to direct further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), even without any formal prayer from investigating agency or complainant, in a case where the investigating agency has submitted a final form due to lack of evidence.Clarifying the position of law vis-à-vis power of...

Orissa High Court Quashes Penalty Against Ex-Registrar (Judicial) Over Allegedly Missing File Pages, Finds No Evidence Of Malafide

The Orissa High Court has recently come to the rescue of its former Registrar (Judicial) who was found guilty in a disciplinary inquiry of misplacing certain pages of an administrative file of the Court and for allegedly misguiding the then Acting Chief Justice in a promotion matter relating to the staff of the High Court establishment.While setting aside the major penalty imposed on him,...

Putting Hand Inside Minor Girl's Pant Amounts To 'Sexual Assault' U/S 7 Of POCSO Act: Orissa High Court

The Orissa High Court has held that the act of an accused putting his hand inside the pant of a minor girl/victim, even without proof of inserting finger into her vagina, amounts to 'sexual assault' within the ambit of Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').Affirming the conviction and order of sentence recorded by the trial Court, a Single...