Orissa High Court Weekly Round Up : 18 April- 24 April, 2022

Nominal Index: Kailash Chandra Panda & Ors. v. State of Orissa & Ors., 2022 LiveLaw (Ori) 48Ashish Thakare v. National Commission for Scheduled Tribes & Ors., 2022 LiveLaw (Ori) 49Smt. Bishnupriya Pattnaik & Anr. v. State of Orissa & Ors., 2022 LiveLaw (Ori) 50Kartik Nag v. State of Odisha, 2022 LiveLaw (Ori) 51Basanta Kumar Sahoo v. Odisha Forest Department Corporation Ltd. & Ors., 2022 LiveLaw (Ori) 52Pradeep Kumar Nath & Anr. v. State of Odisha, 2022 LiveLaw (Ori) 53Pramesh Pradhan@Rani & Anr. v. State of Orissa, 2022 LiveLaw (Ori) 54 Judgments/Orders Reported in the Week:S.115 CPC | Decisions Of District Courts Rendered In Appeal/ Revision Are Beyond Revisional Jurisdiction Of High Court: Orissa HC Case Title: Kailash Chandra Panda & Ors. v. State of Orissa & Ors. Citation: 2022 LiveLaw (Ori) 48 The High Court held that a revision petition under Section 115 of the Code of Civil Procedure is not maintainable before the High Court against an order of District Court which is passed in the appellate or revisional jurisdiction. It clarified that an order must have been made under the 'original jurisdiction' of District Court to attract applicability of the provision. While explaining the true purport of the terms 'other proceedings' appearing under Section 115, a Single Judge Bench of Justice Biswajit Mohanty observed, "The words "or other proceedings" have to be read ejusdem generis with the words "original suits". In other words, the phrase 'other proceedings' will not cover cases arising out of decisions made in the appeals or revisions. If the District Court has not decided in its original jurisdiction, then such order is not amenable to the revisional jurisdiction of High Court." 2. Orissa High Court Stays Arrest Warrant Issued By NCST Against Keonjhar Collector Ashish Thakare Case Title: Ashish Thakare v. National Commission for Scheduled Tribes & Ors. Citation: 2022 LiveLaw (Ori) 49 The Court stayed an arrest warrant issued by the National Commission for Scheduled Tribes against the Collector & District Magistrate, Keonjhar. While staying the warrant, a Single Judge Bench of Justice Biswanath Rath observed that the Commission has prima facie exceeded its power in issuing warrant to the Collector. Mr. Ashish Thakare, the Collector & District Magistrate of Keonjhar district, was summoned by the Commission to appear before it on 4th April 2022 in relation to a case pertaining to non-payment of compensation and employment benefit to a tribal person in a land acquisition case. However, he did not appear. Notably, he had ignored summons of the Commission for at least 'eight times' during the last six months. 3. Orissa High Court Gives Clean-Chit To Jail Authorities In 2007 Kendrapara Custodial Death Case Case Title: Smt. Bishnupriya Pattnaik & Anr. v. State of Orissa & Ors. Citation: 2022 LiveLaw (Ori) 50 The High Court gave clean-chit to the Kendrapara sub-jail authorities in a custodial death case of 2007. It further denied to order compensation to the parents of the deceased as it did not find any foul play on part of the jail authorities. While dismissing the petition, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "There is no material on the basis of which this Court can come to a conclusion that the death of late Susanta Pattnaik was either due to any ill-treatment by the jail officials or due to negligence of the jail officials in not affording any timely medical treatment for his condition." 4. NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet Case Title: Kartik Nag v. State of Odisha Citation: 2022 LiveLaw (Ori) 51 The High Court set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for 'default bail'. A Single Judge Bench of Justice Bibhu Prasad Routray held, "It is the settled law that right guaranteed under Section 167(2) to the accused is indefeasible. This Court, in the case of Lambodar Bag (supra) after taking into consideration the principles decided in the case of Hitendra Vishnu Thakur v. State of Maharashtra, reported in A.I.R. 1994 SC 2623 and various other decisions, have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. Act read with Section 167(2) of the Cr.P.C. The answer is in affirmative in favour of the accused for his enlargement on bail for non-completion of investigation within the prescribed period of 180 days on different contingencies relating to extension of such period." 5. "Court Expects It Will Do The Right Thing": Orissa HC Expresses Faith On State Forest Department In A 'Force-Majeure' Dispute ...

Orissa High Court Weekly Round Up : 18 April- 24 April, 2022

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