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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
V.Vinay – Appellant
Versus
Srinu Patro – Respondent


Advocate Appeared:
For the Petitioner M/s. P.K. Das & D. Sahoo, Advocates M/s. Satyabrata Panda, S. Suman, M. Kumar, S. Tibrewal, A. Khandelwal, P. Khandelwal & P. Dutta.
For the Opp. Parties : Mr. P. Tripathy, Addl. Standing Counsel

Table of Content
1. background information of the case and fir. (Para 1 , 2)
2. court's acceptance of juvenile certificate. (Para 3)
3. arguments on procedural irregularities. (Para 5 , 6)
4. court analysis of juvenile justice act procedures. (Para 7 , 8)
5. conclusion on case dismissal and ongoing detention. (Para 9 , 10)

JUDGMENT :

SASHIKANTA MISHRA, J.

Both, the petitioner in CRLREV No. 381 of 2022 and the appellant in CRLA No. 711 of 2002 challenge the order dated 19.07.2022 passed by learned 3rd Addl. District & Sessions Judge, Berhampur in S.T. No.82 of 2021, whereby, the claim of juvenility raised by the accused, Srinibas Patro was allowed. The petitioner in CRLREV No. 381 of 2022 is the informant while the appellant in CRLA No. 711 of 2022 is the son of the deceased and has filed the appeal under the provisions of Section 372 of Cr.P.C.

2. In view of the order proposed to be passed it is deemed proper not to refer to the facts of the case in detail save and except that the case was registered on the basis of an F.I.R. lodged by V. Vinay (petitioner in CRLREV No. 381 of 2022) before the IIC, Gosaninuagaon Police Station, Berhampur on 14.06.2020 leading to registration of P.S. Case

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