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2026 DAILYLAW 3095 (ORI)

BANDANA MOHAPATRA v. STATE OF ODISHA

/181/2026 · 2026-04-07

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No. 181 of 2026 1. Bandana Mohapatra 2. Bijay Kumar Panda …. Petitioners Mr. S.K. Dash, Advocate -versus- 1. State of Odisha 2. Tusil Kumar Murmu …. Opposite Parties Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.04.2026 03. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. Assailing the order dated 02.02.2026 passed by the learned Presiding Officer, Special Court (S.C. & S.T. (PoA) Act), Cuttack in C.T. Case No.26 of 2024 rejecting his prayer for discharge under Section 227 of Cr.P.C. on account of alleged commission of offences under Sections 341/323/294/506/34 of IPC read with Section 3(1)(r)(s)/3(2)(va) of SC & ST (PoA) Act, 1989, the present Criminal Revision has been preferred. 3. Admittedly, the Section 14A of the SC & ST (PoA) Act, 1989 provides for appeal against the impugned order. The same reads as under; “14A. Appeals-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. (2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being inforce, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. (4) Every appeal preferred under sub- section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.” 4. In view of the same and taking into account the provisions as contained in Section 401(5) of the Cr.P.C. under the heading “The High Court’s powers of revision” which corresponds to Section 442(5) of the BNSS, 2023, it is directed that the Criminal Revision may be treated as petition for appeal. 5. Registry is requested to take necessary follow up action. 6. Accordingly, the CRLREV stands disposed of. (V. Narasingh) Judge Santoshi