Orissa High Court Weekly Round-Up: January 08 To January 14, 2024

Citations: 2024 LiveLaw (Ori) 1 To 2024 LiveLaw (Ori) 3

Nominal Index

Rasa @ Rasananda Bhoi v. State of Odisha & Ors., 2024 LiveLaw (Ori) 1

HB v. MJ, 2024 LiveLaw (Ori) 2

Jharu Naik & Anr. v. State of Odisha, 2024 LiveLaw (Ori) 3

Judgments/Order Reported This Week:

Doctors Should Write In Capital Letters Or Legible Handwriting: Orissa High Court

Case Title: Rasa @ Rasananda Bhoi v. State of Odisha & Ors.

Citation: 2024 LiveLaw (Ori) 1

The Orissa High Court directed the Chief Secretary, Government of Odisha to issue direction to all the doctors of the State to write medical prescriptions, post-mortem reports and all other medico-legal documents either in capital letters or in legible handwriting. While highlighting the difficulty faced by the judicial officers to comprehend “zig zag handwriting” of doctors, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed:

“In many cases, the casual approach of most of the doctors while writing the postmortem report is affecting the comprehension medico-legal documents badly and the judicial system finds it very difficult to read those letters and come to a definite conclusion.”

Joinder Of Wife's Paramour As 'Defendant' Not Mandatory In All Cases Of Divorce On Ground Of Adultery: Orissa High Court

Case Title: HB v. MJ

Citation: 2024 LiveLaw (Ori) 2

The Orissa High Court ruled that joinder of paramour of the wife as 'defendant' is not mandatory in all cases of divorce on the ground of adultery. While interpreting Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956, the Division Bench of Justice Arindam Sinha and Justice Mruganka Sekhar Sahoo held:

“Though the rule mandates making of the paramour as a necessary party but exceptions have been provided where such person may not be made a party. Therefore, the mandate of the paramour 'shall' be made a party is to be interpreted as to be made party where possible.”

Person Added As Accused U/S 319 CrPC During Trial Can Also Apply For 'Anticipatory Bail' U/S 438 CrPC: Orissa High Court

Case Title: Jharu Naik & Anr. v. State of Odisha

Citation: 2024 LiveLaw (Ori) 3

The Orissa High Court held that a person, who is added as an accused during trial by the Court under Section 319 of the Code of Criminal Procedure, is also entitled to seek anticipatory bail under Section 438, CrPC if he is summoned by the Court. The Single Bench of Justice Sashikanta Mishra clarified that under Section 319(3) of the CrPC, the trial Court is empowered to detain a person summoned by it for the sake of inquiry or trial and thus, the person concerned will have a reasonable apprehension of loss of liberty.

Other Important Developments:

Orissa High Court Frowns Upon Police Inaction Against 'Kangaroo Court'; Directs IG To Ensure Action

Case Title: Rajani Sahoo & Anr. v. State of Odisha & Ors.

Case No: WP(C) No. 38895 of 2023

The Orissa High Court came down heavily on the police authorities of the State for their 'complacence' in failing to take action against the 'Kangaroo Courts' held in dereliction of provisions of law. While criticizing the police inaction, the Single Bench of Justice Sanjeeb Kumar Panigrahi observed –

“It appears that except lodging an FIR against the culprits, the Police have not taken any serious step to settle the issue. It seems that the Police has been quite complacent on this issue and has not taken any further steps that they should have taken.”

Therefore, noting police inaction, the Court ordered the Inspector General of Police, Central Division, Odisha to have a personal visit to the village and enquire as to what sort of action has been taken against the culprits and ensure that the petitioners are living peacefully in the village without any disturbance.

Orissa High Court Criticizes Ineffective Investigation In Cyber Crimes Cases; Asks State To Apprise About Policies To Tackle Such Crimes

Case Title: Dr. Biswajeet Lenka v. Union of India & Ors.

Case No: CRLMP No. 1200 of 2023

The Orissa High Court expressed grave concerns over inaction of police as well as the State Government to tackle the menace of increasing cyber-crimes in the State. While criticizing the cyber-crime police for its dismal performance, the Single Bench of Justice Chittaranjan Dash observed:

“From the reports placed in the Court it can very well be presumed that the manner the Cyber Crimes are handled would pose a great threat as hardly any interest is shown for a sincere and deep rooted investigation.”

After HC Nudge, Odisha Govt Orders All Doctors To Write Prescriptions & Medico-Legal Docs In Legible Handwriting Or In Printed Form

After an order passed by the Orissa High Court, the Chief Secretary, Government of Odisha passed an 'Office Order' directing all concerned both in Government and private health sector to write prescriptions and medico-legal documents in legible handwriting or in printed form. The following directions were urgently passed to all the doctors and other people concerned in the health sector:

“a. All Registered Medical Practitioners / Medical Officers of Govt. Peripheral health care facilities/ Medical College Hospitals, Private Clinics and Pvt. Medical Colleges are to write prescription in proper legible handwriting or in typed form as per guideline of NMC (Chapter 2-4B/ Notification No 12013 Dt.23.05.2022).

b. The medico legal reports & post-mortem reports are to be written either in capital letter or in a typed form or in good legible handwriting to ensure appreciation of evidence in the judicial system and to be uploaded in MLOS.”