Aziz Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11054 of 2022 Aziz Khan ....

Petitioner Mr. B.K.Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Rout, A.G.A

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

02.11.2022 Order No.

03.

I.A.No.2034 of 2022 1.

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

2.

Heard learned counsel for the parties.

3.

The present Interlocutory Application has been filed seeking modification of the order dated 10.10.2022.

4.

It is submitted by the learned counsel for the Petitioner that since the allegation involved under the POCSO Act, the matter in the meantime has been transferred to the Court of Special Judge (under POCSO Act) Cuttack. Accordingly, he prays for necessary modification in paragraph-5 of the order dated 10.10.2022. 5.

Considering such submission order dated 10.10.2022 stands modified to the extent that "J.M.F.C., Salipur in G.R.Case No.187 of 2021" appearing in paragraph-5 of the order be replaced by "Special Judge (under POCSO Act), Cuttack in Special G.R.Case No.130 of 2022". The rest part of the order shall remain intact. 6.

In view of the aforesaid modification, four weeks' further time from today is granted to the Petitioner to surrender as per order

// 2 // dated 10.10.2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) by the Petitioner in the Advocates' Welfare Fund of the Orissa High Court within 15 days from today and furnishing money receipt thereof in proof of the said deposit. 7.

It is made clear that, if cost is not paid within the aforesaid stipulated time, then the extension period to surrender shall stand automatically revoked.

8.

The I.A. is accordingly disposed of.

9.

Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge RKS`