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Orissa High CourtWPC(OAC)/1414/2018disposed off

Ganeswar Dandia v. State Of Odisha

2022-09-15Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C(OAC) No.1414 of 2018 Ganeswar Dandia ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

15.9.2022 1.

1.

This matter is taken up through Hybrid Mode.

Order No 2.

None appeared for the petitioner when the matter was called.

3.

The Writ petition has been filed challenging the order of dismissal passed on 1.5.2018 under Annexure-5. 4.

Mr. Prusty, learned A.S.C submitted that the said order of dismissal was passed as the petitioner was convicted in Balasore Vigilance P.S. Case No.46 dated 2.11.2002 and the petitioner challenging the same has approached this court in Crl. Appeal No.187 of 2018 . Mr. Prusty, learned counsel further submitted that no order of stay has been passed by this Court staying the order of conviction and sentence while admitting the matter in the said Crl. Appeal.

5.

Since the order of dismissal has been passed taking into account the fact that the petitioner has been convicted, this Court finds no illegality and irregularity in the said order and accordingly, this Court is not inclined to entertain this Writ Petition and the same is dismissed.

// 2 // 6.

However, it is observed that the said order of dismissal shall be subject to the final outcome of the Crl. Appeal No.187 of 2018.

(Biraja Prasanna Satapathy) Judge sangita