Binoy Ku.Mohanta v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 151 of 2005 Binoy Kumar Mohanta ....

Appellant Ms. Prajna 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.

20.

1. This appeal is directed against the judgment dated 21st December, 2004 passed by the learned Adhoc Additional District and Sessions Judge (Fast Track Court), Baripada in Sessions Case No.27/84 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.