{"id":690,"date":"2025-09-08T17:55:35","date_gmt":"2025-09-08T17:55:35","guid":{"rendered":"https:\/\/ohcar.co.in\/ar2024\/?page_id=690"},"modified":"2025-09-08T18:06:03","modified_gmt":"2025-09-08T18:06:03","slug":"signi_7","status":"publish","type":"page","link":"https:\/\/ohcar.co.in\/ar2024\/signi_7\/","title":{"rendered":"signi_7"},"content":{"rendered":"\n

Significant Judgments<\/h1>\n\n\n\n
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Justice Savitri Ratho<\/strong><\/h3>\n<\/div>\n<\/div>\n\n\n\n
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CASE TITLE : CHHABILA NAYAK @ CHHABI VS. STATE OF ODISHA AND ORS.
CASE NO : BLAPL NO. 12411 of 2023
DATE OF JUDGMENT : January 16, 2024<\/strong><\/p>\n\n\n\n

Section 439 of THE CRIMINAL PROCEDURE CODE, 1973 \u2013 Section 40 of the POCSO Act, 2012 \u2013 Rules 4(13) and 4(15) of the POCSO Rules, 2020 \u2013 Held, not mandatory to issue notice to the informant\/victim while dismissing application for regular bail under Section 439 Cr.P.C. \u2013 Held, notice must be issued to the informant\/victim while allowing the bail application under Section 439 Cr.P.C.<\/p><\/blockquote><\/figure>\n\n\n\n

While hearing the BLAPL where the petitioner was alleged to have committed offences under Sections 363, 366, 294, 506, and 376(2)(n) of the Indian Penal Code (\u201cIPC\u201d) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (\u201cPOCSO Act\u201d), the Court dealt with the submission with regard to requirement of service of notice on the informant while dealing with BLAPLs involving offences under the POCSO Act. The Hon\u2019ble Court for adjudication of the aforesaid issue, has taken note of the following provisions – Rules 4(13)\/4(15) of the POCSO Rules, 2020, section 439 of the Cr.P.C, sections 376(3)\/376AB\/37DA\/376DB of the IPC, and section 29 of the POCSO Act. The Hon\u2019ble Court also referred to the Bombay High Court\u2019s decision in the case of Arjun Kishanrao Malge vs. The State Of Maharashtra reported in 2021 SCC Online 551<\/em> and the Delhi High Court\u2019s decision in of Miss G (Minor) v. State of NCT of Delhi : 2020 SCC OnLine Del 629 : (2020) 270 DLT 516<\/em>.<\/p>\n\n\n\n

The Court, after analysing the aforesaid provisions and judgments, has observed that the objectives of the POCSO Act and Rules can be better achieved if prior notice is issued to the informant\/guardian of the victim at the stage of hearing bail applications under Section 439 Cr.P.C. involving offence under the POCSO Act. The Hon\u2019ble Court has opined that in a scenario where the learned Court is not inclined to allow the bail application, the issuance of notice to the victim\/informant may not be necessary since the informant\/victim would not be prejudiced if the prayer for bail is rejected. The prayer for bail of the accused should however not be allowed, without affording a chance of hearing to the victim\/informant. The Court has further held that this interpretation according to the Court would be in consonance with object of Section 40 of POCSO Act, Rules 4(13) & 4(15) of POCSO Rules, and the spirit of Section 439 (1A) Cr.P.C. Ultimately, with the aforesaid observations, the Hon\u2019ble directed the matter to be listed before the appropriate assigned bench for disposal.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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CASE TITLE : SMT. SMITARANI MOHANTY VS. STATE OF ODISHA AND ORS.
CASE NO : W.A. NO. 1935 OF 2024
DATE OF JUDGMENT : September 18, 2024
CORAM : The Chief Justice, Justice Savitri Ratho<\/strong><\/p>\n\n\n\n

THE ODISHA MUNICIPAL ACT, 1950 \u2013 Section 54(1) Proviso (ii) – A resolution recording want of confidence in the Chairperson or the Vice-Chairperson shall not be moved more than once during a calendar year \u2013 Held, The judgment of the learned Single Judge is not liable for interference \u2013 Held, Appeal dismissed.<\/p><\/blockquote><\/figure>\n\n\n\n

The Appellant (the Chairperson) of the Municipal Council was aggrieved by the direction of the Single Judge to the authorities to convene a fresh meeting of the Phulbani Municipal Council (\u201cCouncil\u201d) for voting on a no-confidence motion against her, on the ground of violation of provisions of the Odisha Municipal Act, 1950 (\u201cthe Act\u201d).<\/p>\n\n\n\n

The Court examined the proviso (ii) to Section 54 (1) of the Act and observed that the aforesaid provision contains an embargo for holding a meeting for recording a want of confidence in the Chairperson or the Vice-Chairperson, only once during a calendar year. As the interim order passed in the writ petition, continued till final disposal of the writ, no meeting on the proposed \u2018No Confidence Motion\u2019 had been held. Therefore, the Court held that the question of moving the resolution more than once during a calendar year did not arise, as in effect the resolution had not been moved till date. Therefore, the Appellant\u2019s contention was held to be devoid of merit and the Writ Appeal was dismissed.<\/p>\n\n\n\n

<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Significant Judgments Justice Savitri Ratho CASE TITLE : CHHABILA NAYAK @ CHHABI VS. STATE OF ODISHA AND ORS.CASE NO : BLAPL NO. 12411 of 2023DATE OF JUDGMENT : January 16, 2024 Section 439 of THE CRIMINAL PROCEDURE CODE, 1973 \u2013 Section 40 of the POCSO Act, 2012 \u2013 Rules 4(13) and 4(15) of the POCSO […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"wp-custom-template-other-page","meta":{"footnotes":""},"class_list":["post-690","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/pages\/690","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/comments?post=690"}],"version-history":[{"count":3,"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/pages\/690\/revisions"}],"predecessor-version":[{"id":699,"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/pages\/690\/revisions\/699"}],"wp:attachment":[{"href":"https:\/\/ohcar.co.in\/ar2024\/wp-json\/wp\/v2\/media?parent=690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}