Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 7792 (ORI)

PINAKI DUTTA v. STATE OF ODISHA

WPCRL/49/2026 · 2026-04-27

Harish Tandon Cj, Murahari Sri Raman

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.49 of 2026 Pinaki Dutta and another …. Petitioners Mr.Ranjan Kumar Rout, Advocate -versus- State of Odisha …. Opposite Party Ms.Aishwarya Dash, Addl. Standing Counsel Mr.Amitav Tripathy, Advocate (for informant) CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 27.04.2026 01. 1. The Stamp Reporter has put a note on the nomenclature of the instant writ petition. The instant writ petition is filed under Article 227 of the Constitution of India assailing the order dated 15.01.2026 passed by the learned J.M.F.C.-IV, Bhubaneswar in C.T. Case No.362 of 2026, by which an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was rejected. 2. We find that the instant writ petition is registered as WPCRL which according to the Stamp Reporter is not an appropriate category to be assigned by the Department. 3. Our attention is drawn to Rule-5 of Chapter-XV, of the Rules of High Court of Orissa, 1948, which runs thus: p. 2 “[Every application shall be registered as Writ Petition (Civil) “W.P.(C)” except the application for Habeas Corpus registered as “WPCRL”. Applications under Article 227 of the Constitution arising out of a Suit or a First Appeal shall be registered as Civil Miscellaneous Petition “C.M.P.” and arising from any criminal proceeding shall be registered as Criminal Miscellaneous Petition “Crl.M.P.”]” 4. It is manifest from the above quoted provision that the writs in the nature of habeas corpus are normally and ordinarily registered as WPCRL and any application under Article 227 of the Constitution of India arising from the criminal proceeding is required to be registered as CRLMP. The number assigned to the instant writ petition is contrary to the said provision of the Rules of High Court of Orissa and have also been wrongly registered before this Bench as the writ in the nature of habeas corpus is within the Roster. 5. We, therefore, direct the officer to place the file before the Department for giving appropriate number, i.e., CRLMP after making necessary amendment. However, the number assigned to this matter shall not be shown pending in the docket of the Court as it has been converted into CRLMP. Liberty is granted to the p. 3 petitioner to mention the matter before the Bench having the Roster to entertain the matter pertaining to CRLMP. 6. Since Mr.Amitav Tripathy, learned Advocate appears on behalf of the informant, learned counsel for the petitioner is directed to serve a copy of the converted petition on Mr.Tripathy, learned Advocate. (Harish Tandon) Chief Justice (M.S. Raman) Judge Bichi Designation: Secretary