Pankaj Kumar Mahakud vs State Of Odisha
2023 Latest Caselaw 2853 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No. 263 of 2017

              Pankaj Kumar Mahakud                      ....     Appellants

                                    Mr.R.K. Mahanta, Advocate

                                             -versus-

              State of Odisha                           ....    Respondent

                                    Mr.Rajesh Tripathy,
                                    Addl.Standing Counsel

                                       CORAM:
                                  JUSTICE S.K. SAHOO
                                      ORDER

Order No. 04.04.2023

10. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr. J.K. Panda, learned counsel filed the appearance memo on behalf of the appellant, which is taken on record.

The name of Mr. Panda be reflected along with Mr. R.K. Mahanta and associates in the cause list henceforth.

Heard learned counsel for the appellant and the learned counsel for the State.

This criminal appeal has been filed under section 454 of Cr.P.C by the appellant-Pankaj Kumar Mahakud, who is the informant in Bamebari P.S. Case No.151 dated 7.9.2013 in which charge sheet has // 2 //

been submitted on 5.2.2014 under sections 457/395/ 216(A)/412/416 of the Indian Penal Code and sections 25/27 of the Arms Act and section 9(B) of Explosives Act and twelve accused persons in connection with this said case faced trial in the Court of learned Addl. Sessions Judge, Champua in S.T. Case No.42 of 2014 and vide judgment and order dated 06.01.2016, the learned trial Court found some of the accused persons guilty under section 395 of the Indian Penal Code and section 27 of the Arms Act, some of the accused persons guilty under section 216(A) of the Indian Penal Code and one accused guilty under sections 412/414 of the Indian Penal Code. The petition filed by the appellant under section 452 Cr.P.C. before the learned trial Court for release of the cash as well as gold ornaments seized during investigation of the case was rejected by the learned trial Court.

The learned counsel for the appellant has filed the copy of the F.I.R., charge sheet, petition under section 452 Cr.P.C. before the learned trial Court, which are taken on record.

Let copies of all the documents be supplied to the learned counsel for the State.

When a query was made to the learned counsel for the State as to what are the stolen properties the informant stated in the F.I.R. as well as his statement recorded under section 161 Cr.P.C. to have been

// 3 //

stolen from his house and whether during course of investigation, the seized gold ornaments were placed in the test identification parade and if so, whether the informant or any of his family members identified the same and whether during trial, the gold ornaments were produced in the learned trial Court and the informant identified the same and what the Investigating Officer found while submitting charge sheet regarding the actual cash and gold ornaments to have been stolen from the house of the appellant, learned counsel for the State seeks sometime to go through the entire case record including the deposition copies of the witnesses and the impugned judgment.

List this matter on 19th April 2023. A free copy of this order be handed over to the learned counsel for the State.

( S.K. Sahoo) Judge

Sipun