PRASANTA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner by way of public interest litigation had initially filed a writ application under Articles 226 and 227 of the Constitution of India with the prayers of following nature :

(2.) Opposite Party Nos. 1, 2 and 3 filed a joint counter affidavit in reply to which the petitioner filed a rejoinder. The matter was heard by a Division Bench comprising Hon'ble the Chief Justice Mr. S. N. Phukan (as his Lordship then was) and Hon'ble Mr. Justice P. C. Naik. After hearing both the sides, judgment was pronounced on 18-12-1998 wherein it was ultimately held that the writ application was not maintainable and while dropping the writ application leave was granted to the petitioner to convert the same to a Criminal Revision or Criminal Misc. Case, as the case may be. Accordingly, the writ application was converted to and registered as a Criminal Revision whereafter the same was placed before this Court for hearing.

(3.) The brief facts leading to this revision application are as follows :-