Orissa High Court
Jitendra Jha @ Jeetendra Jha vs State Of Odisha on 16 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3649 of 2025
Jitendra Jha @ Jeetendra Jha ..... Appellant
Represented By Adv. -
Priya Ranjan Singh
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr.U.C.Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
16.09.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. By filing the present CRLMC Application under section 482 Cr.P.C., the Petitioner seeks for a direction for expeditious disposal of G.R.Case No.147 of 2021 pending before the learned J.M.F.C., Barbil. The abovenoted G.R.Case was registered on the basis of Barbil P.S.Case No.49 of 2021 for commission of alleged offence under sections 379, 411, 420, 468, 471, 120(B)/34 of the Indian Penal Code.
4. Learned counsel for the Petitioner at the outset contended that earlier the Petitioner has approached this Page 1 of 3. Court by filing CRLMC No.2348 of 2022. A coordinate bench of this Court vide order dated 13.09.2022 disposed of the said application thereby directing the trial court to ensure early disposal of the case within a period of six months from the date of communication of a copy of that order. Learned counsel for the Petitioner at this juncture contended that despite direction of this Court, the trial has not commenced and no charge has been framed as of now.
5. Learned Additional Standing Counsel for the State contended that there are several accused persons in the case and since the accused persons are not cooperating, it is difficult to conduct the trial expeditiously as has been directed by this Court in the earlier CRLMC application. On such ground, learned Additional Standing Counsel contended that the application of the Petitioner is devoid of merit and accordingly, the same be dismissed.
6. Having heard learned counsels for the respective parties, on careful examination of the background facts, further taking note of the order passed by the coordinate Bench in the earlier CRLMC application dated 13.09.2022 this Court is of the view that expeditious trial is a fundamental right in the constitutional provision. Several judgments have been delivered by the Hon'ble Supreme Court as well as this Court recognising such right of the accused for expeditious/speedy trial. In the present case, it appears that despite a specific direction by a coordinate Bench the charge has not been framed although several years have been passed in the meantime.
Page 2 of 3.7. In the aforesaid factual backdrops, this Court is inclined to dispose of the CRLMC application with a direction to the learned J.M.F.C., Barbil to make every endeavour to ensure that the trial is commenced and concluded as expeditiously as possible. It is further made clear that in the event the accused persons are not appearing then mechanism as provided in the Code of Criminal Procedure with regard to taking of coercive measure against the accused may be adopted by the trial court to ensure expeditious disposal of the case.
8. With the aforesaid observation/direction, the CRLMC is disposed of.
( A.K. Mohapatra) Judge RKS Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 17-Sep-2025 17:35:18