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1992 DIGILAW 299 (ORI)

SRI RADHA KANTA NAYAK v. STATE OF ORISSA AND ADDITIONAL SESSIONS JUDGE

1992-10-30

ARIJIT PASAYAT

body1992
JUDGMENT : A. Pasayat, J. - Date 30-10-1992-Though this matter was listed for admission, at the request and with the consent of learned counsel for parties, it is taken up for final disposal. 2. Heard Mr. Nayak for the petitioner and learned counsel for State. While disposing of an application for bail, learned Addl. Sessions Judge, Bhadrak had instructed Sri Giridhari Singh, another Advocate of the local Bar to submit a written complaint against the petitioner which the learned Addl. Sessions Judge indicated was to be forwarded to the Chairman, State Bar Council, Orissa, Cuttack. The Course adopted by learned Addl. Sessions Judge appears to be unusual. He was dealing with an application for bail. Direction to another Advocate to submit a complaint against an Advocate whatever may be his conduct was not proper. Direction contained in the order dated 24-7-1992 to that effect is deleted. If learned Addl. Sessions Judge felt that any action was necessary against the Advocate who had filed the bail application, it was open for him to pass appropriate orders. It was not open for him to direct another person to file a complaint. The Criminal Misc. Case is disposed of of accordingly.