Laxmidhar Behera v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

JCRLA No. 45 of 2007 Laxmidhar Behera ....

Appellant Mr. B. Mohanty, Advocate -versusState of Odisha ...

Respondent Mrs. Saswata Patnaik, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

23.08.2022 Order No.

10.

1. This appeal is directed against the judgment dated 6th December, 2006 passed by the learned Sessions Judge, Puri in S.T. Case No.414 of 2004.

2. However, it has been brought to the notice of the Court by the Directorate of Prisons that during the pendency of this appeal, the Government of Odisha in exercise of the powers conferred by Section 432 of the Code of Criminal Procedure, 1973 has remitted the unexpired portion of the sentence passed against the Appellant and ordered his premature release and pursuant thereto, the Appellant has already been released.

3. In view of the above, the appeal has become infructuous and is disposed of as such. However, the Appellant is at liberty to

approach the Court for revival of this appeal, in case he wishes to have the appeal decided on merits (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S.K. Jena/Secy.