S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court

The Orissa High Court has reiterated that failure on the part of police/investigation agency to produce an accused before Magistrate within 24 hours of arrest shall vitiate the arrest itself, as it violates the safeguards enshrined under Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).While enlarging two accused persons on bail, the Bench...

Orissa High Court Upholds Conviction Of Six Persons In 1996 Double Murder Case, Orders Them To Surrender After 15 Yrs Of Bail

Almost three decades after two persons were allegedly murdered in the district of Kendrapara by a mob of nine men and 15 years after the accused persons were enlarged on bail, the Orissa High Court on Monday (August 11) upheld the judgment of conviction passed by the trial Court in the year 1998 and ordered six convicts (other three convicts having died in the meantime) to surrender in order...

Orissa High Court Expresses Concern Over Illegal Cow Slaughter, Directs State To Appoint Competent Authority Under Slaughter Prevention Act

The Orissa High Court on Thursday (August 07) expressed anguish over illegal cow slaughter across the State despite of the extant legislation i.e. Odisha Prevention of Cow Slaughter Act, 1960 ('1960 Act') which strictly prohibits the same, overriding any existing custom or usage to the contrary.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing a PIL...

S.156(3) CrPC | Omission To File Affidavit Along With Complaint A Fatal Procedural Defect: Orissa High Court

The Orissa High Court has reiterated that omission to file an affidavit supporting the contents of a complaint under Section 156(3) of the Criminal Procedure Code (CrPC) is a fatal procedural defect which goes to the root of the matter and renders the very initiation of criminal action based on such complaint a nullity.While setting aside the orders of two lower Courts, which denied to...

S. 224 BNSS | Magistrate Lacking Power To Take Cognisance Must Return Complaint To Jurisdictional Court: Orissa High Court

While adjudicating a case relating to cheque bounce, the Orissa High Court has reiterated that a Magistrate, who does not have power to take cognizance for an offence for the want of territorial jurisdiction, must endorse and return the complaint for presentation before the jurisdictional Court.Elucidating the requirement under Section 224 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),...

'Blot On Police Administration': Orissa High Court Orders SP's Appearance After Cops Allegedly Demand Money To Rescue Kidnapped Minor Girl

The Orissa High Court on Tuesday (August 05) came down heavily on police officials who allegedly asked for some sort of 'gratification' to rescue an already traced kidnapped minor girl.The Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman was hearing a criminal writ petition seeking issuance of the writ of habeas corpus filed by a man for tracing out his minor...

Orissa High Court Grants ₹2 Lakh Interim Compensation To Kin Of Labourer Who Died Of Electrocution In 2007

More than 18 years after a daily labourer succumbed to electrocution by stepping onto a live electric wire due to negligence of the power distribution company, the Orissa High Court has ordered an interim compensation of rupees two lakhs to the wife and sons of the deceased.The Single Bench of Justice Aditya Kumar Mohapatra held the company strictly liable for the unfortunate and avoidable...

'Shadow Of Corruption Follows Who Wield Power': Orissa High Court Denies Anticipatory Bail To IAS Bishnupada Sethi In Bribery Case

The Orissa High Court has rejected the pre-arrest bail plea of senior Indian Administrative Service (IAS) officer Bishnupada Sethi in an alleged bribery case which is currently being investigated by the CBI.While expressing disinclination to grant relief to the bureaucrat, the Bench of Justice V. Narasingh notably held –“It is often said that power of corruption is like a shadow, it...

'No Immediate Prospect Of Trial': Orissa High Court Grants Bail To Suspended IAS Dhiman Chakma In Alleged Bribery Case

The Orissa High Court has granted bail to suspended Indian Administrative Service (IAS) officer Dhiman Chakma in a case relating to demand and receipt of bribe to the tune of rupees ten lakh while working as the Sub-Collector of Dharmagarh in the district of Kalahandi.The Bench of Justice Gourishankar Satapathy remarked that the trial in the case is not likely to be completed soon and...

'Bail Is Rule, Jail Is Exception': Orissa High Court Grants Bail To ED Dy Director Chintan Raghuvanshi In Graft Case

The Orissa High Court has granted bail to Indian Revenue Service (IRS) officer and Deputy Director of Enforcement Directorate (ED) Chintan Raghuvanshi who is accused of demanding bribe in return of giving relief to an accused (complainant here) in an enforcement case.While granting the bail, the Bench of Justice Gourishankar Satapathy gave due consideration to the fact that the petitioner did...

Repeated & Unreasonable Delays In Time-Bound Trials Shall Be Viewed Seriously: Orissa High Court Issues SOP For Judicial Officers

The Orissa High Court has formulated a Standard Operating Procedure (SOP) to be followed by all the Judicial Officers across the State in case of seeking extension of time to conclude trials where specific time limits are imposed either by the High Court or the Supreme Court. The SOP came into existence in the wake of recent direction of the Supreme Court in Durgawati @ Priya v....

Dissent Must Be Orderly, Right To Protest Doesn't Mean One Can Take Law In Their Own Hand: Orissa High Court

While hearing a PIL seeking independent investigation into Balasore FM College student self-immolation case, the Orissa High Court reiterated that though right to protest is ingrained in the democracy and is also a fundamental right, but no one can be allowed to take law in his hands to cause disturbance to normal lives of citizens.The Division Bench of Chief Justice Harish Tandon and...