Orissa High Court Issues Standing Order Instructing Advocates Not To Seek Bail Or Stay Of Arrest/ Coercive Action U/S 482 CrPC

The Orissa High Court on Wednesday issued a Standing Order barring the advocates from seeking bail/interim bail/stay of arrest or coercive action under Section 482 of the Code of Criminal Procedure. It also issued the following instructions pertaining to filing and listing of petitions under the said provision.

1. In every petition filed under Section 482 Cr.P.C. seeking the quashing of FIR/criminal proceeding, a declaration shall be furnished in the body of the petition giving the details of the petition earlier filed in any form or of any nature arising out of the same FIR/P.S. Case. If there was any earlier petition filed, the number of the case shall be given and the order passed therein shall be enclosed with the petition which shall be supported by the affidavit of the Petitioner.
2. If a petition earlier filed under Section 482 Cr.P.C. was disposed by any Bench, the subsequent petition(s) under Section 482 Cr.P.C. with the same prayer arising from the same FIR/P.S. case shall be listed before the same Bench, if such Bench is available.
3. The petition under Section 482 Cr.P.C. shall not carry the prayer for grant of bail, interim bail, stay of arrest/coercive action as there are separate statutory provisions for such prayers. If the prayer clause in the petition under Section 482 Cr.P.C. includes any such prayer, it shall be pointed out as a defect.

The order will come into force with effect from today, May 4.

Click Here To Read/Download Order