The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2494 of 2024 Hotel Association Puri ..... Jagannath Bastia -versus- ..... CORAM: Petitioner Represented By Adv. - Devashis Panda Opposite Party In Person
Decision
ORDER 15.10.2025 Order No. 04. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as the Opposite Party, who is appearing in person. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 of Cr.P.C., the Petitioner seeks to invoke the inherent power of this Court to challenge order dated 29.03.2024 passed by the learned 2nd Addl. Sessions Judge, Puri in Crl. Rev. No.01/17 of 2021-2020. By virtue of the impugned order dated 29.03.2024 at Annexure-1, the learned Revisional Court rejected the petition filed by the Petitioner on 03.08.2023 with a prayer to change the status of one Kedarnath Khuntia from Convenor, Legal Committee to General Secretary. Page 1 of 5. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner filed a complaint, as the complainant, before the learned S.D.J.M., Puri, which was registered as 1CC Case No.241 of 2019 for commission of alleged offence punishable under Sections 193, 197, 200, 417, 418, 420, 465, 468 & 471 of IPC. The said complaint case was dismissed under Section 203 of Cr.P.C. Challenging such order of dismissal the Petitioner preferred a revision before the learned 2nd Addl. Sessions Judge, Puri, which was registered as Crl. Rev. No.01/17 of 2021-2020. In the pending revision petition the complainant, i.e. Hotel Association, Puri filed a revision through one Kedarnath Khuntia describing him as the Convenor, Legal Committee of the Association. During pendency of the criminal revision petition an application was moved before the learned Revisional Court at the instance of one Kedarnath Khuntia describing himself as the General Secretary of Hotel Association, Puri and claiming that he has been authorized to represent the said Association. Such application was accompanied by a resolution of the annual general body meeting and the election meeting of the Hotel Association, Puri held on 22.04.2022 pursuant to notice dated 20.03.2022. 5. On perusal of impugned order dated 29.03.2024, it appears that the learned trial Court took up the said application for consideration and in its order dated 29.03.2024, the learned trial Court has taken note of the order passed by this Court on 12.05.2023 in CRLMC No.1114 of 2021, whereby the order dated 12.04.2021 of the Second Addl. Sessions Judge allowing the revision petition was set aside and the matter was remanded to the learned Revisional Court for fresh consideration. On 10.07.2023 both sides appeared Page 2 of 5. before the learned Revisional Court. At this stage, an application was filed at the instance of the Petitioner to implead one Kendarnath Khuntia as the General Secretary of Hotel Association, Puri. The learned trial Court referring to an order dated 12.04.2021 passed in Crl. Rev. No.01/17 of 2021-2020 observed that the Petitioner has been mentioned as Hotel Association, Puri a register society registered under the Societies Registration Act, 1860. He is represented by its Convenor, Legal Committee, Kedarnath Khuntia. The learned Revisional Court has also observed that the litigation has travelled to the Revisional Court with the aforesaid description of the complainant and being represented by the above named Kedarnath Khuntia as the Convenor of the Legal Committee. The learned Revisional Court has rejected the application for change in the description of the representative of the Petitioner on the ground that the learned Revisional Court cannot change the status of a party, i.e., from Convenor, Legal Committee to General Secretary and in the aforesaid context, he has referred to the provision contained in 397 of Cr.P.C. Learned Revisional Court has also referred to order dated 26.11.2020 passed in Crl. Rev. No.136 of 2020, wherein this Court had directed the Petitioner to approach the learned Revisional Court being represented by the Petitioner as its Convenor, Legal Committee. In view of the aforesaid position, the learned Revisional Court was not inclined to change the status and designation of the above named Kedarnath Khuntia, who is representing the Petitioner before the learned Revisional Court on behalf of the Hotel Association, Puri and accordingly, the application seeking change was dismissed. Being aggrieved by such order, the Petitioner has approached this Court by filing the present application. Page 3 of 5. 6. The Opposite Party, who is appearing in person before this Court objected to the prayer made in the present application. In course of his submission, the Opposite Party supported the order passed by the learned trial Court. He further contended that the complaint case was originally initiated by the Association being representing by the Convenor, Legal Committee. Therefore, the same could not have been changed subsequently. As such, it was contended that the learned trial Court has not committed any illegality in rejecting the application of the Petitioner to change the status and designation of the representative of the Petitioner. 7. Having heard the respective parties, on a perusal of the documents on record, further, on a close scrutiny of the impugned order dated 29.03.2024, this Court observes that there exists a dispute with regard to the status and designation of the person who had represented the complainant-Association. Both sides could not convince this Court with regard to the legal position as to who would represent the Association. In view of the aforesaid position, this Court is of the view that the matter requires fresh consideration with regard to representation of the Association. Accordingly, the impugned order dated 29.03.2024 is hereby set aside with a further direction to the learned Revisional Court to rehear the matter again with regard to representation of the Association. While considering such application, the learned Revisional Court shall provide ample opportunity to both sides to represent their case so as to finalize as to who shall lawfully represent the Association as per law. The learned Revisional Court shall proceed with the matter considering the fact that the revision is pending since long. The learned Revisional Court shall make every endeavor to consider and dispose Page 4 of 5. of the revision petition as expeditiously as possible, preferably within a period of three months from the date of communication of a copy of today’s order. 7. With the aforesaid observation/direction, the CRLMC application stands disposed of. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2025 12:47:58