SATRUGHNA SAHU Vs. BIJOYANANDA PATNAIK

JUDGEMENT

(1.) An application dated 6th March 1962 was filed on 7th March, 1962, at 4 p.m. by Satrughna Sahu (petitioner-appellant) with a prayer that as he did not want to proceed with the appeal it be dismissed for non-prosecution. It was put up next day when the appeal had been fixed for Judgment. The judgment had already been prepared and it was ordered to be kept in 3 sealed cover until the disposal of this application. A copy of this application had been, served on 6th March 1963 only on Sri. K. Patnaik, advocate for respondent No. 1, The appellant was therefore directed to serve copies on other respondents.

(2.) Akulananda Behera, respondent 2, filed a counter on 15th March, 1962 alleging that the application for non-prosecution of the appeal was not maintainable as the case had already been fully heard on 5th and 6th March, 1962, and was only pending for judgment and that the appellant had nothing further to do for the progress of the appeal. It was further alleged that the application for non-prosecution was influenced by financial consideration, promise of favour of benefits and threads of severe consequences proceeding from respondent 1, who is the Chief Minister of the State and an influential industrialist.

(3.) On 10th March 1962, respondent 1 filed a counter challenging the allegations made against him by respondent 2 as baseless, false and malicious. On the same day the appellant filed an affidavit seating that the application for non- prosecution filed on 7th March 1962 virtually amounted to an withdrawal application, that respondent 2 had no locus standi to raise objection to the with drawal of the appeal and that the allegations regarding inducement by bargain or consideration were false.