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Orissa High CourtABLAPL/6499/2022disposed off

Sankar Lama v. State Of Odisha

2022-07-06Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6499 of 2022 Sankar Lama ....

Petitioner Mr. M.R. Padhy, Advocate -versusState of Odisha ....

Opp. Party Mr. Jateswar Nayak, Addl. Govt. Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.11.2024 I.A. No.2209 of 2024 06.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for modification of order dated 06.07.2022.

On 08.10.2024, when the matter was listed, it was observed that the anticipatory bail application of the petitioner was filed in the name of "Sankar Lama" and the name of the father has been mentioned as "Kale Lama @ Bahadur", but in the Aadhar Card, the name of the petitioner has been mentioned as "Amar Kumar Bahadur" and his father name has been mentioned as "Kala Bahadur"

and since the

petitioner's prayer in this interim application is that the name which has been mentioned in the Aadhar Card be mentioned by adding his name as well as his father's name in the cause title of the anticipatory bail application as per the Aadhar Card.

Learned counsel for the State was asked to obtain instruction as to whether the petitioner "Sankar Lama" as mentioned in the cause title of the anticipatory bail application and "Amar Kumar Bahadur" as mentioned in the Aadar Card is one and same person and similarly, his father "Kale Lama @ Bahadur" as mentioned in the cause title of the anticipatory bail application and "Kala Bahadur" as mentioned in the Aadhar Card is one and same person or not.

Today, learned counsel for the State has produced the written instruction dated 07.11.2024 received from the Inspector in-charge of Semiliguda police station, wherein it is mentioned that on verification, it is ascertained that "Sankar Lama" and "Amar Kumar Bahadur" is the name of one person i.e. the petitioner and "Kale Lama @ Bahadur" and "Kala Bahadur" is the name of one person i.e. father of the petitioner. The written instruction is taken on record. Learned counsel for the petitioner submitted that the name of the petitioner may be read as "Sankar

Lama" @ "Amar Kumar Bahadur" and his father's name as "Kale Lama @ Bahadur" @ "Kala Bahadur" in the cause title of the anticipatory bail application and four weeks' time may be granted to comply the order dated 06.07.2022.

Learned counsel for the State has no serious objection to such prayer.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application and in view of the written instruction produced by the learned counsel for the State, name of the petitioner shall be read as "Sankar Lama" @ "Amar Kumar Bahadur"

and his father's name shall be read as "Kale Lama @ Bahadur" @ "Kala Bahadur" in the cause title of the anticipatory bail application.

Four weeks' further time is granted to the petitioner to comply the order dated 06.07.2022. With the following observations, the I.A. stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge Sipun Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Nov-2024 16:00:21