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Orissa High CourtCRLMC/1236/2016disposed off

Sangram Keshari Mohanty v. State Of Orissa

2022-10-21Dr. Justice S. Muralidhar (Cj)2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1236 of 2016 Sangram Keshari Mohanty ....

Petitioner Mr. Prasanta Kumar Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. Ishwar Mohanty, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE

ORDER

21.10.2022 02.

1. In terms of the order dated 11th May, 2022 of the Supreme Court Order No.

of India in Writ Petition (C) No.682 of 2021 (S.G.Vombatkere v. Union of India) , all proceedings under Section 124-A of IPC have been asked to be kept in abeyance.

2. It will be open to the Petitioner to bring to the notice of the Trial Court the above order of the Supreme Court. It is seen that there is also the issue raised by the Petitioner regarding absence of prior sanction for initiating prosecution under the above provision. This point is also left to be urged at the appropriate stage. It is noticed that Section 124-A IPC is only one of the provisions in respect of which cognizance has been taken against the Petitioner by the Trial Court. It will be open to the trial Court, therefore, to pass appropriate orders in accordance with law keeping in view all of the above circumstances.

3. No further directions are called for. The petition is disposed of. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.