Rama Chandra Panda vs State Of Odisha &Others
2023 Latest Caselaw 2935 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLMC No.669 of 2023

            Rama Chandra Panda                     ....            Petitioner

                                                   Mr. G. Mishra, Advocate

                                       -versus-
            State of Odisha &others                ....      Opposite Parties
                                                          Mr. S. K. Mishra
                                                    Addl. Standing Counsel
            CORAM:

                     JUSTICE SASHIKANTA MISHRA
                                      ORDER

06.04.2023.

Order No.

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

2. The petitioner is the complainant in ICC No.2 of 1998 of the Court of learned J.M.F.C. -cum- Gram Nyayalaya., Bhograi. The matter was earlier pending in the Court of learned J.M.F.C., Jaleswar. He filed an application on 01.11.2007 for summoning three doctors, whose names find place in the complaint petition as witness nos. 9, 10 and 11. Such application was filed on the ground that all the three doctors had examined the injured. After considering the submissions and perusing the materials on record, learned J.M.F.C., Jaleswar by order dated 17.11.2007 allowed the petition only in respect of one witness, namely, Dr. Subudhi Chandra Bej and summoned him to be examined on behalf of the complainant.

3. As regards the other two doctors of D.H.H., Balasore, learned J.M.F.C. held that there is no specific material of them

having treated the injured. The petitioner carried the matter in revision to the Court of Sessions, which was heard by learned Second Additional Sessions Judge, Balasore in Criminal Revision No.1/55 of 2013/2007. The said revision was dismissed by judgment dated 22.08.2022 by holding that the revision, being directed against an interlocutory order is not maintainable. This is how the petitioner is before this Court.

4. Mr. G. Mishra, learned counsel for the petitioner has filed a copy of the list of documents filed by the complainant in the Court of learned J.M.F.C., Jaleswar on 05.01.1999. He submits that all these documents would show that along with Dr. S. C. Bej, two other doctors namely, Dr. Ganesh Chandra Panda and Dr. S. N. Dash had also treated the injured. It is further submitted that the documents along with the list are available on record and presumably out of inadvertence, the learned J.M.F.C. could not notice the same.

5. Considering the submissions as above, the CRLMC is disposed of with direction to learned J.M.F.C. -cum- Gram Nyayalaya, Bhograi to peruse the case record carefully and if the documents said to have been filed by the complainant on 05.01.1999 are available on record, then necessary orders be passed to summon the two doctors to depose their evidence on behalf of the complainant.

(Sashikanta Mishra) Judge Sumitra