The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRA No.275 of 1992 Sarat Dhala and others …. Appellant(s) Mr. B. K. Ragada, Amicus Curiae -versus- State of Odisha …. Respondent(s) Mr. S. J. Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 22. 1.
Decision
ORDER 16.09.2025 Heard Mr. B.K. Ragada, learned Amicus Curiae for the appellant and Mr. S. J. Mohanty, learned Additional Standing Counsel for the State. 2. In the present case, the appellants have assailed the judgment and order dated 29.07.1992 passed by the learned Sessions Judge, Dhenkanal in S.T. Case No.1/A of 1988, whereby the learned trial Court convicted twenty-eight accused persons for the offences under Section 395 of I.P.C. except one accused namely Arakhita Das and the accused persons namely Pravat Das and Pitambbar Sahu were convicted for the offence under Section 324 of I.P.C. whereas the accused persons namely Pravat Das, Hadibandhu Das, Haricharan Das and Banambar Pradhan were convicted for the offence under Section 323 of I.P.C. On every count, the appellants were sentenced to undergo R.I. for three years for the Page 1 of 7 offence under Section 395 of I.P.C. whereas for the offence under Section 323/324 of I.P.C., they were sentenced to undergo R.I. for three months. The twenty-eight accused persons those who have been convicted and sentenced for various offences have consolidately filed the present Criminal Appeal, which is pending since 1992. 3. During the pendency of the appeal, the appellants Nos.7, 8, 10, 13, 14, 18, 19, 23, 24 and 25 have expired. Therefore, in absence of any motion under section 394 Cr.P.C on behalf of the legal heirs or the next friends of the deceased-appellants to press the appeal, the appeal qua them stood abated. The present appeal is only confined to the appellants Nos. 1 to 6, 9, 11, 12, 15, 16, 17, 20, 21, 22, 26, 27 and 28. 4. The present appeal is pending since 07.08.1992. When the matter was taken up for hearing on 01.07.2025, none had appeared on behalf of the appellants. Therefore, this Court requested Mr. B.K. Ragada, learned counsel, who is present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Ragada. Page 2 of 7 5. At the outset, Mr. Ragada, learned Amicus Curiae appearing for the appellants has drawn my attention to the order dated 24.03.2003 passed by this court, which reads as under:- “This application for withdrawal of the case at the instance of the informant is not maintainable. Misc. Case is dismissed. learned counsel Shri Ghose, appearing for the appellants submits that the dispute has been settled and all other offences except offence U/s.395 are compoundable. Since there is peace in the village because of the settlement, steps may be taken by the State Government to withdraw the case. I express no opinion in this matter. It is open for the State Government to take any decision to withdraw and unless appropriate application is file on behalf of the State for withdrawal of the case, the be question considered.” cannot case said the 6. Mr. Ragada, learned Amicus Curiae further submitted that during pendency of the appeal, the informant has entered into a settlement with the accused persons, which is reflected in the order dated 24.03.2003. That’s the reason, this Court suggested the State to move appropriate steps to withdraw the Page 3 of 7 prosecution. However, nothing has been placed on record in that regard to ascertain the status. Subsequent thereto, on 17.11.2016, the bail earlier granted to the appellants was recalled and this Court issued NBW against the appellants, which appears have not been executed so far. For ready reference, the said order is reproduced hereunder:- Superintendent the aforesaid order “It appears that the appellants in this case have already been released on bail vide order dated 10.08.1992 passed in Misc. Case No.376 of 1992 arising out of CRA No.275 of 1992. When the matter is taken up for hearing, no one appears for the appellant. Hence, bail granted to the appellants vide stands cancelled. Issue N.B.W. against the appellants forthwith. of Police, The Dhenkanal to ensure is directed execution of the N.B.W. through the I.I.C., Purunakote P.S. or any other officer as he thinks just and proper within a period of one month and on their arrest they be produced before the trial court i.e. Sessions Judge, Dhenkanal for their re-commitment to the jail to undergo the sentence. However, on their production, the court concerned shall intimate the accused- appellants the fact that if they desire to engage any counsel on their behalf in the aforesaid appeal, they may do so within a week of their arrest and if they are not in a position to engage any Page 4 of 7 counsel, the said fact also be intimated to this Court. Copies of this order be furnished to the learned Sessions Judge, Dhenkanal the Superintendent of Police, and Dhenkanal.” 7. Since the order dated 17.11.2016 was not complied with by the learned counsel for the State, this Court vide order dated 01.07.2025 again directed the Superintendent of Police, Dhenkanal to ascertain the whereabouts and wellbeing of the appellants within a week and submit a report in that regard positively without fail. Subsequent thereto, the matter was listed on 10.07.2025 for hearing and the following order was passed:- “1. Vide order dated 24.03.2003, this Court directed the parties to take steps to move the State Government for withdrawing of the case in view of the the offence under settlement, as Section 395 IPC is not compoundable. At the same time, on 17.11.2016, the bail granted by this Court vide order dated 10.08.1992, has been recalled and direction has been given to issue NBW against the appellants. 2. Mr. Ragada, learned Amicus Curiae submits that the district of Dhenkanal is now bifurcated to two districts, namely, Dhenkanal and Angul. Therefore, he submits that appropriate direction may be issued to the Superintendent of Police, Angul to file a detailed report regarding the present status of the case Page 5 of 7 on the basis of series of orders being passed by this Court. 3. In the above view of the matter, the Superintendent of Police, Angul is directed to file a detail status report regarding the present case taking into account the series of orders being passed by this Court in the present matter. The report shall be filed without fail on 31.07.2025. It is open for the Superintendent of Police, Angul to coordinate with the Superintendent of Police, Dhenkanal so as to prepare the report and submit it before this Court on the next date fixed. The report shall also clarify as to whether the NBW issued by this Court vide order dated 17.11.2016 has been executed vis-(cid:224)- vis any of the appellants or not. 4. List this matter on 31.07.2025.” 8. Pursuance to the aforementioned orders, the I.I.C. Purunakote P.S. has filed a detailed report dated 04.08.2025, which is taken on record. Perusal of the said report reveals that all the surviving appellants have already been released from the custody prematurely after serving out their period of sentence. 9. In view of the aforementioned development, Mr. Ragada, learned Amicus Curiae for the appellants submits that he would not further press the appeal on merits. Page 6 of 7 10. In view thereof, the appeal is disposed of affirming the judgment of conviction as recorded above and the sentence awarded by the learned Sessions Judge, Dhenkanal in S.T. Case No.1/A of 1998 being served out by the appellants stands affirmed. Accordingly, the appeal stands disposed of. 11. This Court records appreciation for the effective and meaningful assistance rendered by Mr. B. K. Ragada, learned Amicus Curiae. He is entitled to the honorariums of Rs.7,500/- (Rupees seven thousand five hundred) to be paid. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Sep-2025 16:43:11 Page 7 of 7