Pradeep Kumar Behera @ Sagar ... vs State Of Odisha And Another
2022 Latest Caselaw 5063 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.2550 of 2022

        Pradeep Kumar Behera @ Sagar Behera      ....              Petitioner
                                                 Mr. P.R. Singh, Advocate


                                      -Versus-



        State of Odisha and Another              ....          Opposite Parties
                                                     Mr. S.S. Mohapatra, ASC
                  CORAM:
                  MR. JUSTICE R.K. PATTANAIK

                                     ORDER

Order                              23.09.2022
No.
01.     1       Heard learned counsel for the petitioner and learned

Additional Standing Counsel for the State.

2. Admit and issue notice.

3. Learned ASC accepts notice on behalf of opposite party No.1 State. Notice to opposite party No.2 by Registered Post with AD with an early returnable date. Requisites shall be filed by the learned counsel for the petitioner within a week from today.

4. List on 14th October, 2022 for appearance of opposite party No.2.

(R.K. Pattanaik) Judge

I.A. No.2019 of 2022

1. It is submitted that some of the accused persons have been acquitted in S.T. Case No.9 of 2022 by a judgment dated 11th April, 2022 passed by the learned 2nd Additional Sessions Judge, Cuttack

and it was on the basis of hostile evidence and therefore, no purpose would be served directing the petitioner to face a full- fledged trial, more particularly when, the evidence of the informant, namely, opposite party No.2 is also not supporting the prosecution case. Considering the above and as another accused has approached this Court in CRLMC No.2344 of 2022 and a similar order with an interim protection has been allowed, the Court is of the view that same relief should be extended to the petitioner as well.

2. Accordingly, it is ordered.

3. As an interim measure, the Court directs that no coercive action shall be taken against the petitioner in G.R. Case No.87(A) of 2021 corresponding to Banki P.S. Case No.142 of 2021 pending in the court of learned S.D.J.M., Banki till the next date.

4. List on the date fixed.

5. An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

TUDU