Kartika Roul Vs. State of Orissa - Court Judgment

Excerpt:
.....to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept in mind that the special statute only provide for an appeal to the high court. it has not made any provision for filing appeal to a division bench against the judgment or.....orders.c. parija, j.1. heard learned counsel for the petitioner.2. this application under section 482, cr.p.c. has been filed by the petitioner assailing the order dated 26.02.1993 passed in g.r. case no. 794 of 1992 by the s.d.j.m., kendrapara, under which n.b.w. has been issued against him.3. without going into the merits of the case, i direct that in the event the petitioner surrenders before the learned s.d.j.m., kendrapara, and moves an application for bail within two weeks from today in the aforesaid g.r. case, he shall be released on bail on such terms and conditions as the learned s.d.j.m. may deem just and proper.the crlmc is disposed of accordingly.issue urgent certified copy as per rules.

Judgment:
ORDER

S.C. Parija, J.

1. Heard learned Counsel for the petitioner.

2. This application under Section 482, Cr.P.C. has been filed by the petitioner assailing the order dated 26.02.1993 passed in G.R. Case No. 794 of 1992 by the S.D.J.M., Kendrapara, under which N.B.W. has been issued against him.

3. Without going into the merits of the case, I direct that in the event the petitioner surrenders before the learned S.D.J.M., Kendrapara, and moves an application for bail within two weeks from today in the aforesaid G.R. case, he shall be released on bail on such terms and conditions as the learned S.D.J.M. may deem just and proper.

The CRLMC is disposed of accordingly.

Issue urgent certified copy as per rules.