Sasee Bhoosen Pattnayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1059 OF 2020 Sasee Bhoosan Pattnayak .........

Petitioner Mr. Debasis Tripathy, Advocate -versusState of Odisha ............

Opposite Party Mr. D. Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

27.04.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

Heard Mr. D.Tripathy, learned counsel for the petitioner and Mr. D. Mund, learned Additional Government Advocate for the State.

3.

Assailing the order dtd. 03.02.2020 passed by the Learned Additional Sessions Judge-cum-Special Judge, Keonjhar in Criminal Revision No. 04/11 of 2020-19 thereby confirming the order passed by the learned S.D.J.M., Keonjhar dtd. 07.11.2019 in C.M.C. No. 241 of 2019 in G.R. Case No. 782 of 2019 arising out of Keonjhar Town P.S. Case 180 of 2019 rejecting the petition under Section 457 of Cr.P.C to release the freezed account of the petitioner, the CRLMC has been filed under Section-482 Cr.P.C.

4.

During the course of submission, learned counsel for the petitioner fairly submits that the learned Courts below considered his motion for exercise of power under Section 457 Cr.P.C. during the currency of investigation. In the meanwhile, since chargesheet has been filed, he seeks to move the learned Court in seisin over the matter by making a fresh application under Section 457 Cr. P.C.

5.

Taking note of such submission, this Court grants liberty to the petitioner to renew his application afresh under Section-457 Cr.P.C. It shall be considered on its own merits without being influenced by the orders passed earlier.

6.

The CRLMC stands disposed of. , 7.

Urgent certified copy of this order be granted as per rule. Balaram ( V.Narasingh ) Judge