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Orissa High CourtABLAPL/9222/2022disposed off

Alok Kumar Nayak v. State Of Odisha

2022-08-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9222 of 2022 Alok Kumar Nayak ....

Petitioner Mr. Sk. Zafarulla, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.09.2022 I.A. No.1617 of 2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Learned counsel for the petitioner is permitted to make necessary correction so far as the offence is concerned in Court today.

2.

This is an application for correction of Sections and extension of time.

3.

Heard learned counsel for the petitioner and learned counsel for the State.

4.

It is submitted by learned counsel for the petitioner that in 4th line of paragraph-4 of the order dated 04.08.2022 in ABLAPL No.9222 of 2022, inadvertently, "Sections 341/294/323/354/ 506/509/34, I.P.C" has been written instead of "Sections 294/506/436, I.P.C.", which mistake is also appears in the bail

// 2 // application and due to such mistake, the petitioner could not surrender before the learned court below in time. Hence, the present I.A. has been filed for extension of time to surrender. 5.

Considering the submissions, it is further directed that in 4th line of paragraph-4 of the order dated 04.08.2022 in ABLAPL No.9222 of 2022 "Sections 294/506/436, I.P.C." in place of "Sections 341/294/323/354/ 506/509/34, I.P.C", rest part of the order shall remain intact.

6.

Four weeks' further time from today is extended for the petitioner to surrender before the learned court below, vide order dated 04.08.2022 passed in ABLAPL No.9229 of 2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. 7.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the petitioner to surrender shall stand revoked automatically.

8.

The I.A. is disposed of accordingly.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu