Dhriti Sundar Sardar vs State Of Odisha
2021 Latest Caselaw 13024 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.2554 of 2021

            Dhriti Sundar Sardar                    ....         Petitioner

                                                  Mr. R.L.Pattnaik
                                                  Advocate


                                       -versus-
            State of Odisha                         ....        Opposite Party
                                                  Mr.P.Tripathy,
                                                  Addl. Standing Counsel

            CORAM:

                       JUSTICE SASHIKANTA MISHRA


                                      ORDER

23.12.2021.

Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. R.L.Pattnaik, learned counsel for the Petitioner, and Mr. P.Tripathy, learned Addl. Standing Counsel for the State.

3. This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in T.R. Case No.93/2020 in the court of learned Sessions Judge-cum-Special Judge, Malkangiri.

4. The Petitioner is aggrieved by order dated 15th February, 2021 passed by learned Sessions Judge-cum-Special Judge,

// 2 //

Malkangiri in T.R. Case No.93/2020 whereby the prayer for extension of time to submit charge sheet made by the I.O. was allowed. It is submitted that the Petitioner's case is squarely covered by the judgments passed by this Court in the case of Naresh Digal v. State of Odisha passed on 27th January, 2021 in BLAPL No.4652 of 2020 and in the case of Iswar Tiwari v. State of Odisha passed on 20th August, 2020 in BLAPL No.10152/2019. The sole grievance of the Petitioner is that he was not granted proper opportunity to object to the petition filed for extension of time to submit charge sheet.

5. Without entering into the arena of controversy, this Court deems it proper to dispose of the CRLMC by granting liberty to the Petitioner to renew his prayer before the court below citing the above referred decisions on which basis he claims to be released on default bail. In such event, it would open to the court below to consider the applicability of the said cases to the facts of the case and pass orders accordingly.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge AKB

// 3 //