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2005 Supreme(SC) 904

Y.K.SABHARWAL, G.P.MATHUR
PRABIR KUMAR DAS – Appellant
Versus
State Of OrissaS – Respondent


ADVOCATES WHO APPEARED IN THIS CASE:
COLIN GONSALVES, SENIOR ADVOCATE (RAJAN MANI AND MS APARNABHAT, ADVOCATES) FOR THE PETITIONER.

ORDER

1. THE HIGH COURT, IN THE IMPUGNED ORDER, HAS MADE OBSERVATIONS THAT THE PETITIONER WHO WAS AN ADVOCATE WAS A STRANGER AND NO RELIEF COULD BE GRANTED AT HIS INSTANCE. THESE OBSERVATIONS SEEM TO HAVE BEEN IN THE LIGHT OF ABSENCE OF PROPER PLEADINGS IN THE WRIT PETITION. THE WRIT PETITION IN PUBLIC INTEREST WAS FILED SEEKING DIRECTIONS AGAINST THE STATE OF ORISSA FOR PAYMENT OF COMPENSATION OF RS 10 LAKHS TO THE VICTIM/PARENTS/AGGRIEVED FAMILY AS ONE PRATAP NAIK, DESPITE ORDER OF ACQUITTAL BY THE HIGH COURT, WAS RELEASED AFTER EXPIRY OF EIGHT YEARS. A PERUSAL OF THE WRIT PETITION FILED BEFORE THE HIGH COURT GIVES AN IMPRESSION THAT IT WAS FILED MERELY ON READING OF A NEWSPAPER WITHOUT MAKING AN EFFORT TO FIND OUT ANY FACTS FROM PRATAP NAIK OR HIS FAMILY.

2. MR GONSALVES, LERNED SENIOR COUNSEL APPEARING FOR THE PETITIONER, SUBMITS THAT, IN FACT, THE PETITIONER WHO IS AN ADVOCATE OF ORISSA MADE ENQUIRIES, WENT TO THE VILLAGE OF PRATAP NAIK ARID EVEN WROTE LETTERS INCLUDING A LETTER TO THIS COURT. UNFORTUNATELY, NONE OF THESE FACTS ARE MENTIONED IN THE WRIT PETITION FILED BEFORE THE HIGH COURT AND, FOR THAT REASON, AT THE THRESHOLD THE WRIT PETITION WAS DISMISSED OBSERVING THAT PRAT

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