Orissa High Court
Sushanta Kumar Behera @ Rusia vs State Of Odisha And Another .... Opp. ... on 5 December, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4029 of 2023
Sushanta Kumar Behera @ Rusia .... Petitioners
and Others
Mr. S. Behera, Advocate
-versus-
State of Odisha and another .... Opp. Parties
Mr. D. Biswal, ASC
Ms. S. Das, Advocate
For the O.P. No. 2
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 05.12.2023
04. 1. Heard learned Counsels for the Petitioners.
2. By means of the present application, the Petitioners seek
indulgence of this Court to quash further proceeding in connection
with the ST Case No. 367(A) of 2022.
3. According to learned counsel for the Petitioners, the co-accused
persons having faced trial in the offences, have since been
acquitted pursuant to the judgment passed by the learned court of
Asst. Sessions Judge, (Women's Court), Nayagarh in S.T. Case
No.282 of 2022. As seen from the judgment passed in the said S.T.
Case, the Informant and the injured witnesses have deposed akin to
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the FIR story as well as the statement recorded earlier by the Police
under Section 161 of the CrPC. Neither the substratum of the
prosecution case nor the credibility of the witnesses could be
shacked during cross examination. Therefore, under what
circumstances the learned court allowed the recall and did not
consider the evidence adduced earlier instead relied upon the
retracted version to suit to the defence. What was the compulsion
for the court to be lenient in getting the retracted version believed
in acquitting the accused versions when the evidence laid was
absolutely cogent.
4. The learned Sessions Judge, Nayagarh to call for the record in
S.T. Case No.282 of 2022 disposed of by the learned Asst.
Sessions Judge, (Women's Court), Nayagarh, verify the same and
report his views within two weeks of this order to the Registrar
Administration of this Court who shall place the matter before this
Court. The Director Public Prosecution, Odisha is also directed to
make an enquiry as to under what circumstances the Prosecution
acquiesced to the order recalling the Prosecution witnesses and did
not challenge in the form available under law and submit his views
before this Court as to its legality within two weeks from today.
5. List this matter on 5th January, 2023.
6. No coercive action shall be taken against the Petitioners in
connection with the Nayagarh Sadar P.S. Case No. 85 of 2022
corresponding to G.R. Case No.367 of 2022 till next date. Copy of
this order be transmitted to the learned Sessions Judge, Nayagarh
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and the Director Public Prosecution, Government of Odisha for
compliance.
(Chittaranjan Dash)
Judge
AKPradhan
Signed by: ANANTA KUMAR PRADHAN
Location: HIGH COURT OF ORISSA
Date: 07-Dec-2023 11:06:09
