The Odisha High Court on Thursday quashed the promulgation order of CrPC 144-A by the Sambalpur Collector in April during the religious procession of Hanuman Jayanti Samnwaya Samitee. By virtue of this impugned order, the local police had arrested former MlA and BJP leader Jayanarayan Mishra and another for violation of the prohibition orders. Mishra and his associate have since been released on bail granted by a local court.
Observing that since the relevant section of the criminal procedure code (as amended in 2005) has not been given effect to by the Central Government by way of a gazette notification, Justice Shatrughna Pujahari quashed the Collector’s order directing that no coercive action shall be taken against the Samitee members for violation of such impugned orders. Even the subsequent arrests of the duo under section 153-A of IPC were also held as bad in the eyes of law for the similar reason, said the Samitee counsel Digambar Mishra.