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Sri Kasinath Nayak v. State of Odisha & others - (High Court of Orissa) (19 Nov 2015)

Appeal against Single Judge order for further criminal investigation not maintainable


The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintainable. Referring to Letters Patent that birthed the Patna High Court, and were applicable to Orissa’s as well, the Bench noted that appeal arose under criminal law and as such was not maintainable. It opined, the matter stemmed from dowry law and the previous judgment was rendered “in exercise of criminal jurisdiction” and was excluded under Clause 10 of Letters Patent.


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