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Suryamani Das vs State of Orissa and Others

Orissa High Court · Decided on 26 October 1990 · Citation: (2010) 110 CLT 231

HON’BLE JUDGES
R.C. Patnaik, J · A. Pasayat, J
ACTS & SECTIONS REFERRED
Orissa Law Officers Rules, 1971 — Rule 14
RESULT
Dismissed
CASE NUMBER
O.J.C. No. 1980 of 1983
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Judgment

1 paragraphs · 129 words
1.

This writ application has been filed by one of the accused in a complaint case (ICC Case No. 15 of 1982) assailing the order of Sri P.C.Mishra, Judicial Magistrate Second Class, Bhadrak, directing withdrawal of Sri N.C.Laha, Advocate for the accused who was appointed as an Associate Public Prosecutor, on the ground that Rule 14 (c) of Orissa Law Officers Rules, 1971 prohibited a Law Officer from undertaking the defence of any person or appear against the Government in any criminal proceeding except in the criminal cases outside his jurisdiction. The prohibition being absolute, there is no illegality in the order passed by the Learned Magistrate. Hence, we find no merit in the writ application which is accordingly dismissed, but there shall be no order as to costs.