Abhi@Abhimanyu Naik v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 138 of 2009 Abhi @ Abhimanyu Naik ....

Appellant Mr. G.K. Nayak, Advocate -versusState of Orissa ....

Respondent Mr. Janmejaya Katikia Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

02.09.2022 07.

1. This appeal is directed against the judgment dated 27th September, 2002 passed by the learned Additional Sessions Judge, Aska, in the District of Ganjam in Sessions Case No.18 of 1999 (S.C. 4/99 A.D.J-1).

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 M. Panda/S. Behera