Orissa High Court
Trinath Mahanandia vs Unknown on 5 August, 2021
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1239 of 2021
Trinath Mahanandia .... Petitioner
Mr. Biswajit Ranjan Tripathy, Advocate
-versus-
State of Odisha .... Opp.party
Mr. J.Katikia, AGA
CORAM:
JUSTICE B. P. ROUTRAY
Order No. ORDER
05.08.2021
2. 1. Heard Shri B.R.Tripathy, learned counsel for the Petitioner and
Shri J. Katikia, learned Addl. Govt. Advocate for the State.
2. The Petitioner has approached this Court in the present
application for a direction to in-charge P.O. of the Court of learned
Addl. Sessions Judge, Rayagada to proceed for pronouncing the
sentence part of the judgment in connection with C.T. Case No.
164 of 2014 arising out of Rayagada P.S.Case No. 79 of 2014.
3. It is submitted that the petitioner is one of the accused in the
aforesaid trial and on completion of the trial, four accused persons
including the present petitioner were convicted by the judgment
dated 30th September, 2019 of the learned Addl.Sessions Judge.
Out of the four convicts only one convict namely Lenka Goouri
Janardan Rao @ Buji was present in the Court on the date of
pronouncement of the judgment i.e. 30.09.2019 and the other three
convicts including the present petitioner were absent.
4. Accordingly, the learned Addl. Sessions Judge issued NBW of
arrest against those three absentee convicts. Thereafter, one of the
convict namely Venkateswar @ Venket Huika was arrested and
produced before the Court on 23.10.2019 and the sentencing part
in respect of him was pronounced.
5. So far as the present petitioner is concerned he has been
convicted for the offences under Sections 392 & 452 of I.P.C. The
present petitioner has been arrested on execution of NBW on
09.03.2021
and produced. But in the meantime, the learned P.O. of
the Court of the Addl. Sessions Judge, Rayagada was transferred
and no regular P.O. has joined in the meantime. The learned CJM,
Rayagada has been kept as In-charge P.O. of the Court of the
Addl. Sessions Judge.
6. The grievance of the petitioner is that though he was arrested on
09.03.2021 and produced before the Court, but the sentencing part
of the judgment has not been pronounced till date by the In-charge
P.O., for which, he filed a petition praying for pronouncement of
complete judgement and the same was rejected by the In-charge,
P.O. by order dated 21.06.2021 under Annexure-2.
7. It is submitted by Shri Tripathy, learned counsel for the
petitioner that the convict petitioner is seriously prejudiced by not
pronouncing the judgment on sentencing part though he is inside
custody since 09.03.2021.
8. Shri J. Katikia, learned Addl.Govt. Advocate submits that, the
In-charge P.O. is only authorized to pass orders on urgent petitions
and he cannot pronounce a regular judgment even it concerns to
sentencing part only.
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9. Shri Tripathy, learned counsel for the petitioner fairly concedes
to this argument of Shri Katikia.
10. Considering the submissions and urgency of the matter, it is
directed that the record in C.T. Case No. 164 of 2014 pending in
the Court of learned Additional Sessions Judge, Rayagada be
immediately transferred to the Court of learned Sessions Judges,
Rayagada and the learned Sessions Judge shall proceed with the
case without further delay as the regular Court.
11. A copy of this order be immediately send to the learned
Sessions Judge, Rayagada to take further action on his part.
12. The CRLMC is disposed of.
13. An urgent certified copy of this order be issued as per rules.
(B.P.Routray)
Judge
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