Orissa High Court
D. Anita Majhi @ Mila vs State Of Odisha And Ors on 9 February, 2023
AFR
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No. 93 of 2022
An application under Articles 226 and 227 of the Constitution of India
--------------
1. D. Anita Majhi @ Mila
2. Nikita Majhi @ Minati @ Bumbuli Narengeke
3. Sushanti Majhi @ Jhunu ...... Petitioners
-versus-
State of Odisha and Ors. ...... Opposite Parties
-------------------------------------------------------------------------
For Petitioner : Mr. P.K. Jena, Advocate
For Opposite Parties : Mr. J. Katikia,
Addl. Government Advocate
-------------------------------------------------------------------------
CORAM:
HONOURABLE MR. JUSTICE S. TALAPATRA
HONOURABLE MISS JUSTICE SAVITRI RATHO
JUDGMENT
th
9 February, 2023
S. Talapatra, J We have heard Mr. P.K. Jena, learned counsel
appearing for the Petitioners as well as Mr. J. Katikia, learned
Additional Government Advocate appearing for the State-
Opposite Parties.
2. By means of this petition, the Petitioners have urged
this court to quash the cases catalogued under Annexure-1,
which are pending against the Petitioners either in the
investigation stage or where the trial has been held up. A
catalogue of those cases where the trial has commenced, but
not concluded have been provided by the Petitioners including
their status on the day of filing of the writ petition.
3. Mr. Jena, learned counsel appearing for the
Petitioners in his submission has drawn our attention to
similar other cases where the Petitioners have already been
acquitted. He has further added that Petitioners are being
hunted by the State for their social activities, non-violent and
peaceful in nature. But the State has, without any foundation,
considered their activities as hostile to the State and
deliberately branded their activities as "extremist" which are
absolutely unfounded and unsustainable. On similar
allegations, several other cases were filed against the
Petitioners and they have been acquitted in those cases after
trial, as would be evident from the table below.
CASES IN WHICH PETITIONERS WERE ACQUITTED
Sl.No. P.S. Case No. & G.R. Case Trial Court & ST Acquitted
Date No. Case No. on
1 Adava P.S. No. 73/2010(C) Sessions Judge, 04.07.2016
Gajapati
Paralakhemundi
(81/2014)
2. Adava P.S. No.26 113/2010(D) Sessions Judge, 18.11.2016
Dt.12/13.05.2010 Gajapati
Paralakhemundi
(83/2014)
3. Mohana P.S. No.24 40/2013 Sessions Judge, 15.03.2018
Dt.11.03.2013 Gajapati
Paralakhemundi
(75/2014)
4. Mohana P.S. No.19 22/2014 Sessions Judge, 16.07.2018
Dated 28.02.2014 Gajapati
Paralakhemundi
(84/2014)
5. Mohana P.S. No.21 38/2013 Addl. Sessions 04.07.2017
Dtd.08.03.2013 Judge, Gajapati
Paralakhemundi
(79/2014)
6. Adava P.S No. 14 16/2010 (D) Sessions Judge, 23.06.2017
Dated 24.03.2010 Gajapati
Paralakhemundi
(78/2014)
7. Adava P.S No. 23 105/2010(B) Sessions Judge, 15.03.2017
Gajapati
Dated 01.05.2010 Paralakhemundi
(82/2014)
8. Adava P.S No. 58 221/2010(B) Sessions Judge, 17.02.2017
Dated 23.10.2010 Gajapati
Paralakhemundi
(80/2014)
9. Adava P.S No. 17 135/2011 Addl. Sessions 01.07.2015
Dated 20.10.2011 Judge, Gajapati
Paralakhemundi
(77/2014)(T)
10. Mohana P.S No. 84 250/2010(A) Sessions Judge, 22.08.2017
Dated 21 .12.2010 Gajapati
Paralakhemundi
(76/2014)
It may be noted that the above catalogue of cases in which the
Petitioners have been acquitted was prepared on the date of
filing of the writ petition i.e. on 22.07.2022. The status of
these cases has been updated by the affidavits filed by the
parties. The updated status would be discussed later.
4. Mr. Jena, learned counsel appearing for the
Petitioners has empathetically stated that the grievances of the
Petitioners in nutshell are that (i) there is inordinate delay in
completion of investigation and filing the police report (ii) in
some cases, though the charge-sheet has been filed there is
inordinate delay in taking cognizance of the offence for not
submitting the sanction from the designated authority and the
courts have been waiting for a long time which is not expected
of the courts, (iii) in some cases, the Petitioners were not even
produced before the Magistrates at regular intervals as
required by the law (iv) in some cases, trial in respect of the
accused commenced but the Petitioners were not produced to
face the trial along with the other co-accused, (iv) in some
cases, trial has begun but the cases are repeatedly adjourned
for non-attendance of the prosecution witnesses and (v) the
Petitioners were not informed about some cases pending
against them, even though they are in the judicial custody.
According to Mr. Jena, learned counsel in some cases, this
court was pleased to intervene and direct the State to produce
the Petitioners, where they were not produced.
5. The decision in Hussainara Khatoon & Ors. vs.
Home Secretary, State Of Bihar, Patna: AIR 1979 SC 1369
has been pressed into service. Apart that, in Paragraph-9 of the
writ petition, the Petitioners have made reference to the
common judgment delivered in CRLMC No.2358 of 2019 and
CRLMC No.2359 of 2019, instituted by the Petitioners, where
it has been observed that "the Petitioners are in the judicial
custody for nearly six years and hence, the court is of the
considered view that there is an urgent need and necessity to
direct the concerned courts to expedite disposal of the cases
and complete the trial within the stipulated time". It has been
further observed in the said common order that the Petitioners
continued to be detained without being produced and
remanded by the concerned court below for non-availability of
security escort, a phenomenon which cannot be appreciated. It
has been observed that since the Petitioners are shown to have
been implicated after four years from the date of the alleged
incident, following the principle as enunciated in Hussainara
Khatoon (supra), this court was pleased to direct the courts
below, where the cases of the Petitioners were pending to
enlarge them on bail taking into account the peculiar facts and
circumstances of the cases. It has been further directed that the
court concerned shall expedite early commencement of trial
and ensure its completion preferably within a period of six
months and unless there is un-surmountable impediment, the
Petitioners shall be released on bail on appropriate terms and
conditions as deemed just and proper. The said common order
dated 07.01.2022 is available at Annexure-2 to the writ
petition.
6. Mr. Jena, learned counsel has submitted that the
present Petitioners are in the judicial custody for over last
eight years being implicated in a slew of cases. The Petitioners
cannot be blamed for the said delay in progress of the trial and
as such, it is the duty of the State to take all such appropriate
steps to complete the trial, as expeditiously as possible in just
and fair manner. To buttress his contention, Mr. Jena, learned
counsel has referred to the observation made in Hussainara
Khatoon (supra) by the Apex Court, which reads as follows:
"There is also one other infirmity of the legal and
judicial system which is responsible for this gross
denial of justice to the under-trial prisoners and that
is the notorious delay in disposal of cases. It is a sad
reflection on the legal and judicial system that the
trial of an accused should not even, commence for a
long number of years. Even a delay of one year in the
commencement of the trial is bad enough: how much
worse could it be when the delay is as long as 3 or 5
or 7 or even 10 years, speedy trial is of the essence of
criminal justice and there can be no doubt that delay
in trial by itself constitutes denial of justice. It is
interesting to note that in the United States, speedy
trial is one of the constitutionally guaranteed rights.
The Sixth Amendment to the Constitution provides
that, in all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial. So also
Article 3 of the European Convention on Human
Rights provides that, every one arrested or detained
shall be entitled to trial within a reasonable time or to
release pending trial."
7. Having referred to Maneka Gandhi vs. Union of
India: (1978) 2 SCR 621, it has been further held in
Hussainara Khatoon that Article 21 confers a fundamental
right on every person not to be deprived of his life or liberty
except in accordance with the procedure prescribed by law.
The procedure should be reasonable, fair and just. If a person
is deprived of his liberty under a procedure which is not
reasonable, fair or just, such deprivation would be violative of
his fundamental right protected under Article 21 and he would
be entitled to enforce such fundamental right and secure his
release. No procedure which does not ensure a speedy trial can
be regarded as reasonable fair or just and it would play foul
with the provisions of Article 21. In Hussainara Khatoon
(supra) it has been further observed as follows:
"There, can, therefore, be no doubt that speedy trial,
and by speedy trial we mean reasonably expeditious
trial, is an integral and essential part of the
fundamental right to life and liberty enshrined in
Article 21. The question which would, however, arise
is as to what would be the consequence if a person
accused of an offence is denied speedy trial and is
sought to be deprived of his liberty by imprisonment
as a result of a long delayed trial in violation of his
fundamental right under Article 21. Would he be
entitled to be released unconditionally freed from the
charge leveled against him on the ground that trying
him after an unduly long period of time and
convicting him after such trial would constitute
violation of his fundamental right under Article 21?
That is a question we shall have to consider when we
hear the writ petition on merits on the adjourned date.
But one thing is certain and we cannot impress it too
strongly on the State Government that, it is high time
that the State Government realised its responsibility
to the people in the matter of administration of justice
and set up more courts for the trial of cases."
8. In the case in hand, the Petitioners are languishing in
custody for about 8 years. During their detention to their
dismay, they were shown to be accused in some cases in
which investigation is pending. Mr. Jena, learned counsel has
emphasized that in all the similar types of cases, where the
trial has been completed, the Petitioners were acquitted as
there was no evidence against them. This is a ploy to keep the
Petitioners behind the bars. The delay in completing the trial
appears un-surmountable and the Petitioners' right enshrined
under Article 21 is offended every day.
9. In Abdul Rehman Antulay and Ors. vs. R.S. Nayak
and Ors. : 1992 AIR 1701, the Apex Court while delving on
the right to speedy trial held that it encompasses all the stages,
namely the stage of investigation, inquiry, trial, appeal,
revision and retrial. The concerns underlying the right to
speedy trial as highlighted in Abdul Rehman Antulay (supra)
are as follows:
"(a) the period of remand and pre-conviction
detention should be as short as possible. In other
words, the accused should not be subjected to
unnecessary or unduly long incarceration prior to his
conviction.
(b) the worry, anxiety, expense and disturbance to
his vocation and peace, resulting from an unduly
prolonged the investigation, inquiry or trial should be
minimal; and
(c) undue delay may well result in impairment of
the ability of the accused to defend himself, whether on
account of death, disappearance or non-availability of
the witness or otherwise."
10. It has been asserted that this Court in some bail
petitions viz, BLAPL No.4362/2019 and BLAPL
No.4363/2019 concerning the Petitioners having rejected the
prayer of bail had specifically directed the trial courts to
complete the trial as expeditiously as possible. The Petitioners
are poor tribal ladies and they intended to improve their
standard of life. To achieve their cause, they have participated
in certain non-violent activism. According to Mr. Jena,
learned counsel, it is the fundamental right of the Petitioners
in a democracy to voice their grievances and that activism
cannot be brought within the fold of criminality in the manner
that has been done by the State in the cases of the Petitioners.
It reflects poorly on functioning of a democracy.
11. Mr. J. Katikia, learned Additional Government
Advocate has raised the question of maintainability of this
writ petition for issuance of a writ of habeas corpus. True it is
that the present writ petition cannot be entirely treated as a
writ petition for a writ of habeas corpus. But in view of the
various judgments, such as Hussainara Khatoon (supra) and
the Common Cause vs. Union of India and others: (1996) 4
SCC 33 the detention of the Petitioners for more than 8 years
is serious infringement of fundamental right to liberty. The
Petitioners have approached this court for issuance of the writ
of habeas corpus for their release. Mr. Katikia, learned
Additional Government Advocate has relied on the decision of
the Apex Court in Manubhai Ratilal Patel Tr. Ushaben vs.
State of Gujarat and Ors.: (2013) 1 SCC 314, where the Apex
Court held that unless the writ court is satisfied that a person
has been committed to jail custody by virtue of an order that
suffers from the vice of lack of jurisdiction or absolute
illegality, the writ of habeas corpus cannot be issued.
12. We are of the considered view that, in this case, a
writ of habeas corpus cannot be issued, but the fundamental
constitutional aspects, as raised by the Petitioners need our
consideration.
13. The Petitioners are poor tribal ladies. They cannot be
pushed to further litigation by merely accepting the technical
objection raised by Mr. Katikia, learned Additional
Government Advocate. We shall lay our observations later,
after scrutinizing the statements and the information made
available to us.
14. The State through the Opposite Party No.2 has filed
an affidavit in terms of our order dated 09.09.2022, as we
expressed doubt about the status of the cases pending against
the Petitioners. By our order dated 09.09.2022, we directed the
State to file a short affidavit. In compliance, the Opposite
Parties No.2 and 3 have filed two affidavits respectively on
05.09.2022 and 08.09.2022. In those affidavits, the State has
provided the status of the cases as referred in the writ petition
and also the status of the investigation, wherever it is relevant.
Another affidavit has been filed by the Opposite Party No.2 on
19.10.2022 by showing the cases pending against each of the
writ petitioners.
15. For purpose of reference, the cases which are pending
against the Petitioner No.2, namely, Nikita Majhi @ Minati @
Bumbuli Nrengeke from the Ganjam District are as follows:
Details of Cases Registered Against Nikita Majhi @ Minati
@ Bumbuli Nrengeke In Sorada P.S.
Sl. SORADA P.S. CASE GR.NO. CASE IN WHICH CASES CASES
REFERENCE THE TRIAL PENDING PENDING
No. COMMENCED IN THE BEFORE THE
BUT IT IS NOT STAGE OF HON'BLE
CONCLUDED INVESTIGA COURT
TION
1 Case No.129 02/2013(A)/ Judgment on Disposed ADJ,
dtd.31.12.12 ST 15.10.2022 Bhanjanagar
U/s.121/120(b)/121- No.136/18
A/124-A/435 IPC/7
CRLA Act -1982/17
CRLA Act-1908/Sec.3
the young persons
harmful publication Act-
2. Case No.95 No.145/11- Judgment closed on Disposed ADJ,
dtd.12.11.2011 A/ST 13.09.2022 Bhanjanagar
U/s.10/16/18/20 UAP No.135/18
Act/Sec.4 & 5 of
Explosive Substance Act
3. Case No.123 No.199/12- Judgment on Disposed ADJ,
dtd.22.12.2012 A/ST 14.09.2022 Bhanjanagar
U/s.307/34/121/120-B No.134/18
IPC/16/18/18-A/20 UAP
Act./4 & 5 Explosive
Substance Act
4. Case No.128 No.01/13- Judgment on Disposed ADJ,
Dtd.31.12.2012 A/ST 14.10.2022 Bhanjanagar
U/s.121/120-B/121- No.137/18
A/124-A/435 IPC/7
CRLA Act.- 1932/17
CRLA Act-1908/Sec.3
The young persons
harmful publication Act-
5. Case No.106 No.164/11- (Total 15 Witness) Trial Stage ADJ,
Dtd.21/12/2011 A/ST No witnesses Bhanjanagar
U/s.144/148/149/435/IP No.56/20 examined
C/7 CRLA Act-1932/17
CRLA Act
1908/16/17/18/20 UAP
Act-2008/25(1-B) Arms
Act./Sect.3 The young
persons harmful
publication Act-1956/3
& 4 Explosive
Substance Act
The cases registered against the Petitioner No.2
in Badagada P.S. as per statement made by the Opposite Party
No.2 are as follows:
Details of Cases Registered Against Nikita Majhi @ Minati
@ Bumbuli Nrengeke In Badagada P.S.
Sl.No. BADAGADA GR. CASE IN WHICH CASES CASES
P.S. CASE NO. THE TRIAL PENDING PENDING
REFERENCE COMMENCED IN THE BEFORE
BUT IT IS NOT STAGE OF THE
COCLUDED INVESTIG HON'BLE
ATION COURT
1. Case No.18 No.27/2 The case has been The case is ADJ,
dtd.22.02.2010 010 split up into ST- under trial Bhanjanagar
U/s.121/121/A/1 87/16,162/17,133/
20-B/124-A/34 18,131/15,100/20
IPC/Sec.19/13/1 in the case Total
6/18-A UAP 16 No. of
Act/Sec.3 & 4 witnesses are
E.S. Act examined out of
16 witness ST-
87/16 (2 nos.) ST-
162/17 (4 nos.),
ST-133/18(7nos),
ST-131/15 (4 nos),
ST-100/20 (15
Nos. witness not
been examined till
now
2. Case No.06 No.164/ The case has been The case is ADJ,
Dtd.24.01.2011 11A/ST- split up into ST- under trial Bhanjanagar
U/s.120- 56/20 86/16,
B/121/121- 61/17,132/15,99/2
A/124-A/Sec.7 0 in the case Total
CRLA 14 No. witnesses
Act/Sec.10/16/1 are examined but
8-A/13/20/39/40 in ST No.86/16 (1
UAP Act. nos.), ST-132/15
(1 nos), ST-99/20
(16 Nos.) of
witness are to be
examined
3. Case No.28 No.54/ The charges No. ADJ,
Dtd.30.04.2012 12 against the accused witnesses Bhanjanagar
U/s.307/292 persons have been have been
IPC/16/18/20 framed on examined
UAP Act./7 & 17.01.2022 till date
17 CRLA
Act./Sect.25 (1-
B(a)/27 Arms
Act./Sec.3 The
young persons
harmful
publication Act-
1956/3 & 4
Explosive
Substance Act
4. Case No.4 No.06/ The case is under The case ADJ,
Dtd.19.01.2011 11 trial has been Bhanjanagar
U/s.120- splitted up
B/121/121- into
A/435/379/149 ST.53/20,55
IPC/Sec.17 of /20,08/21,3
CRLA 7/21,94/20,
Act./Sec.10/13/1 Total 16
6/18-A/20/39/40 Nos. of
of UAP Act. Witnesses
Examined
02 More
witnesses
have not
been
examined
5. Case No.45/13 No.66/ The case is under -- ADJ,
Dtd.14/04/2013 2013 trial Bhanjanagar
U/s.120-
B/121/121-
A/122/124-
A/307
IPC/Sec.25(1-
B)(a)/27 Arms
Act/Sec.3&4
E.S. Act./Sec.3
The young
persons harmful
publication Act-
1956/3 & 4
Explosive
Substance Act
6. Case No.05 No.07/2 Judgment Judgment ADJ,
Dtd.19.01.2011 011 has been Bhanjanagar
U/s-120- pronounced
B/121/121- on
A/124- 19.08.2022
A/435/436 IPC and the
accused
persons are
found not
guilty
16. So far as the Petitioner No.3, namely, Sushanti Majhi
@ Jhunu is concerned, it has been informed by the State that
the following cases are pending in the Badagada P.S.
DETAILS OF CASES REGISTERED
IN BADAGADA P.S.
Sl.No. BADAGADA P.S. GR. CASE IN WHICH CASES CASES
CASE REFERENCE NO. THE TRIAL PENDING PENDING
COMMENCED IN THE BEFORE
BUT IT IS NOT STAGE OF THE
COCLUDED INVESTIGA HON'BLE
TION COURT
1 Case No.18 No.27/ The case has been The case is ADJ,
dtd.22.02.2010 split up into ST- under trial Bhanjanagar
U/s.121/121/A/120- 2010 87/16,162/17,133/1
B/124-A/34 8,131/15,100/20 in
IPC/Sec.19/13/16/18- the case Total 16
A UAP Act/Sec.3 & No. of witnesses are
4 E.S. Act examined out of 16
witness ST-87/16 (2
nos.) ST-162/17 (4
nos.), ST-
133/18(7nos), ST-
131/15 (4 nos), ST-
100/20 (15 Nos.
witness not been
examined till now
2. Case No.06 No.16 The case has been The case is ADJ,
Dtd.24.01.2011 4/11A splitted up into ST- under trial Bhanjanagar
U/s.120-B/121/121- /ST- 86/16,
A/124-A/Sec.7 56/20 61/17,132/15,99/20
CRLA in the case Total 14
Act/Sec.10/16/18- No. witnesses are
A/13/20/39/40 UAP examined but in ST
Act. No.86/16 (1 nos.),
ST-132/15 (1 nos),
ST-99/20 (16 Nos.)
of witness are to be
examined
3. Case No.28 No.54/ The charges against No. ADJ,
Dtd.30.04.2012 12 the accused persons witnesses Bhanjanagar
U/s.307/292 have been framed have been
IPC/16/18/20 UAP on 17.01.2022 examined till
Act./7 & 17 CRLA date
Act./Sect.25 (1-
B(a)/27 Arms
Act./Sec.3 The
young persons
harmful publication
Act-1956/3 & 4
Explosive Substance
Act
4. Case No.4 No.06/ The case is under The case has ADJ,
Dtd.19.01.2011 11 trial been splitted Bhanjanagar
U/s.120-B/121/121- up into
A/435/379/149 ST.53/20,55/
IPC/Sec.17 of CRLA 20,08/21,37/
Act./Sec.10/13/16/18 21,94/20,
-A/20/39/40 of UAP Total 16 Nos.
Act. of Witnesses
Examined 02
More
witnesses
have not
been
examined
5. Case No.45/13 No.66/ The case is under -- ADJ,
Dtd.14/04/2013 2013 trial Bhanjanagar
U/s.120-B/121/121-
A/122/124-A/307
IPC/Sec.25(1-
B)(a)/27 Arms
Act/Sec.3&4 E.S.
Act./Sec.3 The
young persons
harmful publication
Act-1956/3 & 4
Explosive Substance
Act
6. Case No.05 No.07/ Judgment Judgment has ADJ,
Dtd.19.01.2011 U/s- 2011 been Bhanjanagar
120-B/121/121- pronounced
A/124-A/435/436 on
IPC 19.08.2022
and the
accused
persons are
found not
guilty
17. By a separate affidavit filed by the Opposite Party
No.3, it has been stated that the Petitioner No.2 is involved in
22 cases of Gajapati district and the charge-sheets have been
filed in all those cases and out of those 22 cases, the Petitioner
No.2 has been acquitted in 09 cases and 13 cases are pending
for trial. Those are described in two tables below:
Cases where acquittal has been ordered
1 44/10 Adava PS Case No.14. dtd. 24.03.2010, Acquittal
68/10 147/148/435/120(B)/
121/121(A)/124(A)/427/149 IPC /25
Arms Act/17 Cr.L.A. Act/10/13 of U.A. (P) Act
2 47/10 Adava PS Case No.15. dtd. 25.03.2010, Acquittal
147/148/435/120(B)/
73/10 121/121(A)/124(A)/427/149 IPC /17 Cr.L.A.
Act/10/13 of U.A. (P) Act/3 P.D.P.P. Act
3. 54/10 Adava PS Case No.23. dtd. 01.05.2010 Acquittal
105/10 u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3
& 4 E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A.
Act
4 58/10 Adava PS Case No.26. dtd. 12.05.2010, Acquittal
221/10 147/148/302/395/120(B)/121/121(A)/124(A)/149
IPC/25/27 Arms Act/17 Cr.L.A
Act/10/13/16/18/20 of U.A. (P) Act.
5. 86/10 Adava PS Case No.58. dtd. 23.10.2010, Acquittal
221/10 120(B)/121/121(A)/124(A) IPC/25/27 Arms
Act/17 Cr.L.A Act/10 &13 U.A. (P) Act.
6. 92/10 Mohana PS Case No.84 dt. 21.12.10 Acquittal
U/s.147/148/342/120(B)/121/121(A)/436/506/149
IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 U.A.
(P) Act
7. 67/11 Adava PS Case No.37. dtd. 20.10.2011 U/s. Acquittal
147/148/120(B)/121/121(A)/124(A)/149 IPC/17
Cr.L.A Act/16/18 of U.A. (P) Act.
8. 22/13 Mohana PS Case No.24 dtd. 11.03.2013 Acquittal
U/s.147/148/307/120(B)/121(A)/124 (A)149
IPC/25/27 Arms Act/17 Cr.L.A.
Act/16,18,20,23,38 of U.A. (P) Act
9. 22/14 Mohana PS Case No.19 dtd. 28.02.2014 Acquittal
U/s.147/148/120(B)/121/121(A)/124(A) 149
IPC/17 Cr.L.A. Act/25/ Arms Act/4(b)9i)/5(a)
E.S. (Amendment) Act,
2001/17/18/18(a)/20/23(1) U.A. (P) Act
Cases where trial is pending against the Petitioner
No.2 have been provided in a table:
1. 10/09 Adava PS Case No.7 Dt.16.02.09 u/s.121/121- Charge
29/09 A/124(A)/307/427/332/333 IPC/25/27 Arms Act/3 & sheeted
4 E.S. Act/17 Cr.L.A. Act/10/13 U.A.(P) Act /pending
trial
2. 101/09 Adava PS Case No.43. dtd. 28.12.09, Charge
260/09 u/s.147/148/435/120(B)/ sheeted
121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
3. 102/09 Adava PS Case No.44. dtd. 28.12.2009, Charge
261/09 u/s.147/148/435/120(B)/ sheeted
121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
4. 103/09 Adava PS Case No.45. dtd. 28.12.2009, Charge
262/09 u/s.147/148/435/120-B/ sheeted
121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/10/13 U.A. (P) Act/ 3 P.D.P.P. Act trial
5. 104/09 Adava PS Case No.46. dtd. 28.12.2009, Charge
u/s.147/148/435/120-B/ sheeted
263/09 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
6. 105/09 Adava PS Case No.47. dtd. 30.12.2009, Charge
264/09 u/s.147/148/435/120-B/ sheeted
121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/10/13 U.A. (P) Act trial
7. 87/10 Adava PS Case No.63. dtd. 05.11.2010, Charge
233/10 u/s.147/148/120(B)/ sheeted
121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending
Cr.L.A. Act/10 &13 U.A. (P) Act trial
8. 03/11 Adava PS Case No.01. dtd. 10.01.2011, Charge
2/11 u/s.147/148/435/427/120(B)/ sheeted
121/121(A)/124(A)/283/149 IPC /25/27 Arms Act/ /pending
17 Cr.L.A. Act/10 &13 U.A. (P) Act, 3 PDPP Act. trial
9. 53/12 Mohana PS Case No.40. dtd. 22.06.2012, Charge
99/12 u/s.120(b)/121/121(a)/124(A)/468 IPC/17 Cr.L.A. sheeted
Act/16/18/20 UAP Act /pending
trial
10 118/12 Mohana PS Case No.71. dtd. 19.11.2012, Charge
184/12 u/s.120(b)/121/121(a)/124(a) IPC/17 Cr.L.A. sheeted
Act/25/27/ Arms Act/3 & 4 E.S. Act/16/18/20 UAP /pending
Act trial
11. 120/12 Mohana PS Case No.73 dtd. 05.12.2013 Charge
191/12 u/s.120(B)/121/121(A)/124 (A)/153(B) IPC/17 sheeted
Cr.L.A. Act /25 Arms Act/3 & 4 E.S. Act /pending
/16,18,20,38 of U.A. (P) Act trial
12 21/13 Mohana PS Case No.21 dtd. 8.3.2013 Charge
38/13 u/s.147/148/307/386/364/368/120(B)/121/121(A)/124 sheeted
(A)/153(B) /149 IPC/25/27 Arms Act/16,18,18-A,23 /pending
of U.A. (P) Act trial
13. 117/12 Mohana PS Case No.69 dtd. 14.11.2012 Charge
u/s.147/148/307/120(B)/121(A)/124 (A)/153(B) /149 sheeted
IPC/25/27 Arms Act/17 (2) Cr.L.A. Act/3& 4 E.S. /pending
Act/16/19/20 U.A. (P) Act trial
18. So far as the Petitioner No.3 is concerned, she is
involved in 15 cases and the charge sheets have been
submitted in all these cases. Out of 15 cases, she has been
acquitted in 05 cases and 10 cases are still pending for trial.
The details of the cases where the Petitioner No.3 has been
acquitted are given in a table below:
LIST OF ACQUITTAL CASES
1. Mohahana PS Case No.21 . Dtd. 8.03.2013 Acquittal
u/s.147/148/307/386/364/368/120(B)/121/121(A)/124(
A)/153(B)/149 IPC/25/27 Arms Act/16,18,18-A, 23 of
UAP Act
2. Mohahana PS Case No.84 . Dtd. 21.12.10 Acquittal
u/s.147/148/342/120(B)/121/121(A)/436/506/149
IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 of U.A.(P)
Act
3. Adava PS Case No.37 Dtd. 20.10.2011 Acquittal
u/s.147/148/120(B)/121/121(A)/124(A) 149 IPC/17
Cr.L.A. Act/16/18 of U.A.(P) Act
4. Mohahana PS Case No.24 dtd. 11.3.2013 Acquittal
u/s.147/148/307/120(B)/121(A)/124(A)/149 IPC/25/27
Arms Act/17 Cr.L.A. Act/16,18,20,23,38 of UAP Act
5. Mohahana PS Case No.19 dtd. 28.02.2014 Acquittal
u/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/17
Cr.L.A. Act /25 Arms Act/4(b)(i)/5(a) E.S.
(Amendment) Act, 2001/17/18/18(a)/20/23 (1) UAP
Act
19. In the affidavit filed by the Opposite Party No.3, the
list of cases pending for trial against the Petitioner No.3 has
been disclosed in the form of a table, which is reproduced
below:
LIST OF CASES PENDING TRIAL
147/148/435/120(B)/ sheeted
121/121(A)/124(A)/427/149 IPC /25 /Pending
Arms Act/17 Cr.L.A. Act/10/13 of U.A. (P) Act (SR Trial
No.44/10)
147/148/435/120(B)/ sheeted
121/121(A)/124(A)/427/149 IPC /17 Cr.L.A. Act/10/13 /Pending
of U.A. (P) Act/3 P.D.P.P. Act Trial
3. Adava PS Case No.23. dtd. 01.05.2010 Charge
u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3 & 4 sheeted
E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A. Act /Pending
Trial
147/148/302/395/120(B)/121/121(A)/124(A)/149 sheeted
IPC/25/27 Arms Act/17 Cr.L.A Act/10/13/16/18/20 of /Pending
U.A. (P) Act. Trial
5. Adava PS Case No.63. dtd. 05.11.2010, Charge
u/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/25 & sheeted
27 Arms Act/17 Cr.L.A Act/10 &13 U.A. (P) Act. /Pending
Trial
6. Adava PS Case No.01. dtd. 10.01.2011, Charge
u/s.147/148/435/427/120(B)/121/121(A)/124(A)/283/149 sheeted
IPC/25 Arms Act/17 Cr.L.A Act/10 /13 U.A. (P) Act, 3 /Pending
PDPP Act Trial
7. Mohana PS Case No.40 dtd. 22.06.2012 Charge
U/s.120(b)/121(a)/124 (A)/468 IPC/17 Cr.L.A. sheeted
Act/16/18/20 of U.A. (P) Act /Pending
Trial
8. Mohana PS Case No.71 dtd.19.11.12 u/s. Charge
120(b)/121/121(a)/124 (a) IPC/17 Cr.L.A. Act/25/27 sheeted
Arms Act/3 &4 E.S. Act/16/18/20 of U.A. (P) Act /Pending
Trial
9. Mohana PS Case No.73 dtd.05.12.2012 u/s. Charge
120(B)/121(A)/124 (A)/153(B) IPC/17 Cr.L.A. Act/25 sheeted
Arms Act/3 &4 E.S. Act/16,18, 20, 38 of U.A. (P) Act /Pending
Trial
10. Mohana PS Case No.69 dtd.14.11.12 u/s. Charge
147/148/307/120(B)/121(A)/124 (A)/153(B) /149 IPC/25 sheeted
/27 Arms Act /17(2) Cr.L.A. Act/ 3 &4 E.S. /Pending
Act/16/19/20 of U.A. (P) Act Trial
20. So far as the Petitioner No.1 is concerned, it has been
stated that, she is involved in 06 cases under the Sorada P.S.
and 06 cases under the Badagada P.S. of Ganjam district. The
list of those cases has been provided in two separate tables,
which are reproduced hereunder:
Details of cases registered against the Petitioner
No.1 in Sorada P.S. and their status
Sl.No. Sorada PS Case GR No. Case in Cases Cases
reference which the pending in pending
trial the stage of before the
commenced Investigation Hon'ble
but it is not Court
concluded
1. Sorada PS Case 02/13(A) Pending for Trial stage ADJ,
No.129 dtd.31.12.12 I.Os Bhanjanagar
U/s.121/120(B)/121- deposition
A/124-A/435 IPC/7
Cr.LA Act -1932/17
Cr.LA Act-
1908/Sec.3 The
young persons
(Harmful
Publication Act-
2. Sorada P.S.Case 145/11(A) Pending for Trial stage ADJ,
No.95 I.Os Bhanjanagar
dtd.12.11.2011 deposition
U/s.10/13/16/18/20
UAP Act/Sec.4 & 5
of Explosive
Substance Act
3. Sorada P.S. Case 199/12(A) I.O./witness Argument ADJ,
No.123 examination Bhanjanagar
dtd.22.12.2012 completed
U/s.307/34/121/120-
B IPC/16/18/18-
A/20 Unlawful
Activities Prevention
Act, 2008/4 & 5
Explosive Substance
Act
4. Sorada P.S. Case 01/13(A) Pending for Trial stage ADJ,
No.128 I.Os Bhanjanagar
dtd.31.12.2012 deposition
U/s.121/120-B/121-
A/124-A/435 IPC/7
Cr.L.A. Act,
1932/17 Cr.L.A.
Act, 1908/ Sec.3 The
Young persons
(Harmful
Publication Act
1956)
5. Sorada P.S. Case 31/11 Charge yet Charge yet ADJ,
No.21 to be to be framed Bhanjanagar
dtd.01.04.2011 framed
U/s.121/121-A//124-
A/395 IPC/7 Cr.L.A.
Act, 1932/17
Cr.L.A. Act, 1908/
Sec.10/13/16/18-
A/20 Unlawful
Activities Prevention
Act, 2008/ Sec.25(1-
b)/27 Arms Act.
6. Sorada P.S. Case 164/11(A) Pending for Trial stage ADJ,
No.106 I.Os. Bhanjanagar
dtd.21.12.2011 deposition
U/s.144/148/149/435
IPC/7 Cr.L.A. Act-
1932/17 Cr.L.A. Act
1908/16/17/18/20
Unlawful activities
amendment
Prevention Act
2008/25 (1-B) Arms
Act/Sect 3 young
persons harmful
publication Act 1956
& Sec 3 & 4
Explosive Substance
Act
Details of cases registered against the Petitioner No.1 in
Badagada PS and their status
Sl. Case reference with GR Case Case in which Case pending
No. sec. of law No. the trial in the stage
commenced but of
it is not investigation
concluded
1. Badagada P.S. Case GR The charges Case is
No.28 dtd.30.04.2012 No.54/12 against the pending
U/s.307/292 IPC/R.E. accused before the
Sec.16/18/20 UAP persons of this Hon'ble
Act/Sec.25(1-B)(a) & case have been court of
27 Arms Act/Sec.3 of framed on Addl.
Young Persons harmful 17.01.2022. No District cum
publication Act- witnesses have Sessions
1956/41 RWP Act/67 been examined Judge,
IT Act till now. Bhanjanagar
2. Badagada PS Case 66/2013 The case has
No.45 dtd.14.04.2013 not yet been
U/s.120(B)/121/121(A) committed to
/122/124(A)/307 the Hon'ble
IPC/Sec.25(1-B)(a)/27 ------ court of
Arms Act/Sec.3/4 of Session from
E.S. Act/Sec.3 of the Hon'ble
Young Persons harmful Court of
publication Act-1956 JMFC
Sorada
3. Badagada PS Case 27/2010 The case is Case is
no.18/2010 under trial. The pending
dtd.22.02.2010 case has been before
U/s.121/121(A)/120(B) splitted up into Hon'ble
/124(A)/34 ST- court of
IPC/Sec.19/13/16/18(A 87/16,162/17,1 Addl.
) UAP Act/Sec.3 & 4 33/15,100/20. District cum
E.S. Act. In the case total Sessions
number of Judge,
witnesses are Bhanjanagar
16. Out of 16
witnesses, in
ST-87/16 (02
nos), in ST-
162/17 (04
nos), in ST-
133/18, (07
nos), in ST-
131/15 (04 nos)
and in ST-
100/20 (15 nos)
witnesses have
not been
examined till
now.
4. Badagada P.S. Case 06/2011 The case is
No.04 dtd.19.01.2011 under trial. The
U/s.120(B)/121/121(A) case has been
/435/379/149 IPC/Sec- splitted up into
17 of CRL.L A. ST-53/20,
Act/Sec- 55/20, 08/21,
10/13/16/18(A)/20/39/ 37/21 and
40 of UAP Act 94/20. Total
number of
witnesses of the -Do-
case is 16. In
all the splited
cases 02 more
witnesses have
not been
examined till
now
5. Badagada PS Case 07/2011 The trial of the
No.05 dtd.19.01.2011 case is over and
U/s. the judgment
120(B)/121/121(A)/12 has been
4(A)/435/427 IPC pronounced on
19.08.2022 that
the accused
persons are
found not
guilty.
6. Badagada PS Case 13/2011 The case is Case is
No.06 dtd.24.01.2011 under trial. The pending
U/S. case has been before the
120(B)/121/121(A)/12 splitted up into Hon'ble
4(A) ST- court of
IPC/Sec.10/16/18(A)/1 86/16,61/17,13 Addl.
3/20/39/40 UAP Act 2/15 and 99/20. District cum
There are total Sessions
14 witnesses in Judge,
the case. But in Bhanjanagar
ST-86/16 (one),
ST-61/17 (two
nos), in ST-
132/15 (one)
and in ST-
99/20 (16 nos.)
of witnesses are
to be examined
But the Opposite Party No.3 in the affidavit dated 05.09.2022
has stated that there is no information that the Petitioners No.2
and 3 have been implicated in those cases.
21. Another affidavit has been filed by the Opposite
Party No.3 on 08.09.2022. According to us, this is the
upgraded list so far as the Petitioner No.1 is concerned. It has
been clearly stated therein that out of 15 cases registered
against her, she has been acquitted in 07 cases being Adava
P.S. Case No.14/10, Adava P.S. Case No.15/10, Mohana P.S.
Case No.21/13, Mohana P.S. Case No.84/10, Adava P.S. Case
No.37/11, Mohana P.S. Case No.24/13 and Mohana P.S. Case
No.19/14. For purpose of better reference we quote the
Paragraph-5 of the said affidavit filed by the Opposite Party
No.3:
"5.That the petitioner has provided the list of cases
where the petitioner is involved. Out of 15 cases, in 07
cases trial have been concluded where the petitioner
has been acquitted which are as follows:
(1) Adava PS Case No.14, dtd.24.03.2010,
147/148/435/120(B)/121/121(A)/427/149 IPC/25 Arms
Act/17 Cr.L.A. Act/10/13 of U.A.(P) Act.
(2) Adava PS Case No.15, dtd.25.03.2010,
147/148/435/120(B)/121/121(A)/124(A)/427/149
IPC/17 Cr.L.A. Act/10/13 of U.A. (P) Act/3 P.D.P.P.
Act.
(3) Mohana P.S. Case No.21 dtd.8.3.2013
u/s.147/148/307/386/364/368/120(B)/121/121(A)/124(
A)/153(B)/149 IPC/25/27 Arms Act/16,18,18-A,23 of
UAP Act.
(4) Mohana P.S. Case No.84 Dt.21.12.10
U/s.147/148/342/120(B)/121/121(A)/436/506/149
IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 U.A.(P) Act.
(5) Adava P.S. Case No.37 dtd.20.10.11
U/s.147/148/120(B)/121/121(A)/124(A)/149 IPC 17
Cr.LAAct/16/18 of U.A. (P) Act. (The Adava Ps Case
No.17/2011 has been wrongly mentioned instead of
Adava PS case No.37/2011 and Adava PS Case
No.17/2011 has been registered U/s.47(a) B & O
Excise Act.
(6) Mohana PS Case No.24 dtd.11.3.2013 U/s.
147/148/307/120(B)/121(A)/124(A)/149 IPC/25/27
Arms Act/17 Cr. L.A. Act/16,18,20,23,38 of UAP Act.
(7) Mohana P.S. Case No.19 dtd.28.02.2014 U/s.
147/148/120(B)/121/121(A)/124(A)/149 IPC/17
Cr.L.A. Act/25 arms Act/4 (b) (i)/5 (a) E.S.
(Amendment ) Act, 2001/17/18/18(a)/20/23(1) U.A. (P)
Act."
In respect of other 08 cases, the Opposite Party No.1 has
stated in Paragraph-6 of the said affidavit dated 08.09.2012
as follows:
"6. It is submitted that out of 15 cases, 08
(eight) cases are still pending in the Hon'ble Courts
which are as follows:
(1) Adava PS Case No.23, dtd.01.05.10
u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3 & 4
E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A. Act.
(2) Adava PS Case No.26 dtd.12.05.2010,
147/148/302/395/12(B)/121/121(A)/124(A)/149
IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13/16/18/20 of
U.A. (P) Act.
(3) Adava PS Case No.63, dtd.05.11.2010,
U/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/25
&27 arms Act/17 Cr.L.A. Act/10 & 13 UA (P) Act.
(4) Adava PS Case No.01 Dt.10.01.2011 u/s.
147/148/435/427/120(B)/121/121(A)/124(A)/283/149
IPC/25 Arms Act/17 Cr.L.A. Act/10 /13 UA (P) Act, 3
PDPP Act.
(5) Mohana PS Case No.40, dtd.22.06.2012
u/s. 120(b)/121/121(a)/124(A)/468 IPC/17 Cr.L.A.
Act/16/18/20 UAP Act.
(6) Mohana PS Case No.71, dtd.19.11.12 u/s.
120(b)/121/121(a)/124(a) IPC/17 Cr.L.A. Act/25/27
Arms Act/ 3& 4 E.S. Act/16/18/20 UAP Act.
(7) Mohana PS Case No.73, dtd.05.12.2012
u/s. 120(B)/121/121(A)/124(A)/153(B) IPC/17 Cr.L.A.
Act/25 Arms Act/ 3& 4 E.S. Act/16,18,20,38 of UAP
Act.
(8) Mohana PS Case No.69, dtd.14.11.12 u/s.
147/148/307/120(B)/121(A)/124(A)/153(B)/149
IPC/25/27 Arms Act/17(2) Cr.L.A. Act/3& 4 E.S.
Act/16/19/20 of UAP Act."
It has been categorically stated that in other 07
cases, no charge-sheet has been filed against the Petitioner
No.1. For this purpose, we would reproduce Paragraph-7 of
the affidavit dated 08.09.2022.
"7. That on verification, it is found that the
Charge-sheet has not been submitted against
the Petitioner No.1, D. Anita Majhi @ Mila in
the following cases:
Sl. No. Case Reference G.R. No. Remarks
01 Adava P.S. Case 29/2009 C.S. has been submitted Vide No.29
No.7 Dtd.22.06.2013 against accused
Dtd.16.12.2009 Johan Raita & 33 others, Where C.S.
has not been submitted against the
petitioner.
02 Adava P.S. Case 260/2009 C.S. has been submitted Vide No.24
No.43 Dtd.20.06.2013 against accused
Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58
others, Where C.S. has not been
submitted against the petitioner.
03 Adava P.S. Case 261/2009 C.S. has been submitted Vide No.25
No.44 Dtd.20.06.2013 against accused
Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58
others, where C.S. has not been
submitted against the petitioner.
04 Adava P.S. Case 262/2009 C.S. has been submitted Vide No.26
No.45 Dtd.20.06.2013 against accused
Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58
others, where C.S. has not been
submitted against the petitioner.
05 Adava P.S. Case 263/2009 C.S. has been submitted Vide No.27
No.46 Dtd.20.06.2013 against accused
Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58
others, where C.S. has not been
submitted against the petitioner.
06 Adava P.S. Case 264/2009 C.S. has been submitted Vide No.28
No.47 Dtd.20.06.2013 against accused
Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58
others, where C.S. has not been
submitted against the petitioner.
07 Adava P.S. Case 221/2010 C.S. has been submitted Vide No.61
No.58 Dtd.31.12.2013 against accused
Dtd.23.10.2010 Afira Badamajhi & 14 others, where
C.S. has not been submitted against
the petitioner.
22. Thus, it has been also asserted that on thorough
examination and verification of all cases which are pending
or where trial has already been completed, no such
information is available about complicity of the other two
Petitioners, namely, Nikita Majhi @ Minati @ Bumbuli
Narengeke [the Petitioner No.2] and Sushanti Majhi @
Jhunu [ the Petitioner No.3]. Therefore, we can safely hold
that against the Petitioners No.2 and 3 there are no cases
where the investigation is pending. Even against the
Petitioner No.1, there is no case is pending in the
investigation stage.
23. The Petitioners have also filed an updated
statement in response to the affidavits filed by the Opposite
Parties, as referred before. For purpose of reference, we
reproduce their said statement, which has been filed by an
affidavit dated 10.10.2022:
PARTICULAR OF THE CASES IN WHICH ORDER DATED
07.01.2022 HAS BEEN PASSED BY THIS HON'BLE COURT
IN CRLMC NO.2358/2019 & CRLMC NO.2359/2019
Sl. P.S. Case No GR Case Trial Court & ST Present status and
No. & date No Case No. Remark
1. Badagada P.S 6/2011 Addl. Sessions Though the
No.4 dated Judge, Hon'ble Court
19.01.2011 Bhanjanagar vide order dated
07.01.2022
directed to
complete trial
within 6 months
and in any case
not later than
31.10.2022 but
for absence of the
I.O in the last 3
case dates for his
examination, trial
has not completed
yet.
2 Badagada P.S 7/2011 Addl. Sessions Petitioners were
No.5 dated Judge, acquitted vide
Bhanjanagar judgment dated
(58/2020) 16.08.2021 by
Ld. ADJ,
Bhanjanagar
CASES IN WHICH PETITIONERS WERE ACQUITTED
Sl.No. P.S Case No. GR Case Trial Court & Acquitted on
No. ST Case No.
Sessions Judge, 04.07.2016
Gajapati
(81/2014)
Sessions
Adava P.S No.
Judge,Gajapati
26 Dated
2 113/2010(D) paralakhemundi 18.11.2016
12/13.05.2010
(83/2014)
3. Mohana P.S No. 40/2013 Sessions 15.03.2018
24 Dated Judge,Gajapati
11.03.2013 paralakhemundi
(75/2014)
4. Mohana P.S No. 22/2014
Sessions
Judge,Gajapati
Dated 16.07.2018
paralakhemundi
28.02.2014
(84/2014)
5. Mohana P.S No. Addl.Sessions
21 Judge,Gajapat
Dated 38/2013 paralakhemundi 04.07.2015
08.03.2013 (79/2014)
6. Adava P.S No. 16/2010 (D) Sessions 23.06.2017
14 Judge,Gajapati
Dated paralakhemundi
24.03.2010 (78/2014)
7. Adava P.S No. 105/2010 Sessions 15.03.2017
23 Judge,Gajapati
Dated paralakhemundi
01.05.2010 (82/2014)
8. Adava P.S 221/2010(B) Sessions 17.02.2017
No. 58 Judge,Gajapati
Dated paralakhemundi
23.10.2010 (80/2014)
9. Adava P.S No. 135/2011 Addl.Sessions 01.07.2015
17 Judge,Gajapat
Dated paralakhemundi
20.10.2011 (77/2014)(T)
10. Mohana P.S No. 250/2010 Sessions 22.08.2017
84 (A) Judge,Gajapati
Dated paralakhemundi
21.12.2010 (76/2014)
11. Badagada P.S 7/2011 Addl. Sessions Petitioners were
No. 5 Judge, acquitted vide
Dated Bhanjanagar judgment dated
(58/2020) 16.08.2022 by
Ld. ADJ
Banjanagar
12. Sorada P.S No. 199/2012 Addl. Sessions All the petitioners
123 (B) Judge, were acquitted
Dated Bhanjanagar vide judgment
22.12.2012 (134/2018) dated 13.09.2022
13. Sorada P.S. 145/2011(B) Addl. Sessions All the petitioners
No.95 Dated Judge, were acquitted
12.11.2011 Bhanjanagar vide judgment
(135/2018) dated 14.09.2022
CASES IN WHICH TRIAL COMMENCED BUT NOT
CONCLUDED
Sl. P.S Case No. & GR Case Trial Court & Present
No. Date No. ST Case No. Status
1. Bhanjanagar P.S 57(A)/2011 Addl. Trial
No. 18 Dated Sessions Commenced
21.01.2011 Judge, one PW
Bhanjanagar examined
(87/2020)
2. Badagada P.S case 13/2011 Addl. No witness
No. 6 Dated Sessions examined
Judge,
Bhanjanagar
(69/2020)
3. Badagada P.S case 27/2010(B) Addl. 7 PWS
No. 18 Dated Sessions examined
22.02.2010 Judge, trial
Bhanjanagar adjourned
(133/2018) for non
turning of
I.O in last 3
cases dates.
4. Badagada P.S 6/2011 Addl. For non
case No. 4 Dated Sessions examination
19.01.2011 Judge, of 1.0 and
Bhanjanagar informant
(53/2020) trial could
not progress
in last 3
dates. Other
witnesses
already
examined
5. Badagada P.S 54/2012 Addl. No
Case No. 28 Sessions witnesses
Dated Judge, examined
30.04.2012 Bhanjanagar
(59/2020)
6. Sorada P.S. Case 31/2011(B) Addl. Charge
No.21 Dated Sessions framed on
01.04.2011 Judge, 13.09.2022,
Bhanjanagar no witness
(59/2020) examined
7. Soroda P.S. Case 164/2011(A) Addl. No witness
No.106 Dated Sessions examined
21.12.2011 Judge,
Bhanjanagar
(56/2020)
PENDING BEFORE JMFC SORODA
Sl. No. P.S. Case No. GR Case Trial Court Present
& Date No. & ST Case status
No.
1. Badagada P.S. 66/2013 C.S. Not Produced
Case No.45 filed before JMFC
Dated Soroda
14.04.2013
2. Badagada P.S. 52/2014 C.S. Not Produced
Case filed before JMFC
No.22/2014 Soroda
PENDING BEFORE JMFC MOHANA
Sl. P.S. Case GR Case Trial Court & ST Present Status/Remark
No. No. & Date No. Case No.
1. Adava P.S 29/2009 Co-accused
Petitioners came
case were
No. 7 Dated acquitted. to know about the
16.12.2009 The cases from the
petitioners affidavit dated
were 19.07.2019 filed by
the SDPO Aska in
neither HC in
produced in BLAPL NO.
Court , nor 4363/2019.
brought on As per affidavit dated
remand. 08.09.2022 filed by
DSP DIB Gajapati
C.S No.
29 is submitted on
22.06.2013 against
accused Johan Raita
and 33 others but not
against the petitioner
No.1
2. Adava P.S 260/2009 Co-
Petitioners came
case accused
No. 43 Dated were to know about
28.12.2009 acquitted. the cases from
The the
petitioner affidavit dated
s were 19.07.2019 flied
neigther by the SDPO
produced Aska in HC in
in Court , BLAPL NO.
nor 4363/2019.
brought As per affidavit
on dated 08.09.2022
remand. filed by DSP
DIB Gajapati
C.S No.
24 is submitted
on 20.06.2013
against accused
Ladan and 58
others but not
against the
3. Adava P.S 261/2009 Co-accused Petitioners came
case were
No. 44 Dated acquitted. The to know about
8.12.2009 petitioners were the cases from
the
neigther
affidavit dated
produced in 19.07.2019 filed
Court , nor by the SDPO
brought on Aska in HC in
remand. BLAPL NO.
4363/2019.
As per affidavit
dated 08.09.2022
filed by DSP
DIB Gajapati
C.S No.
25 is submitted
on 20.06.2013
against accused
Ladan and 58
others but not
against the
4. Adava P.S 262/2009
Co-accused were Petitioners came
case
No. 45 Dated acquitted. The to know about the cases
28.12.2009 petitioners were from the
neigther produced affidavit dated
in Court , nor 19.07.2019 filed by the
brought on SDPO Aska in HC in
remand. BLAPL NO. 4363/2019.
As per affidavit dated
08.09.2022 filed by DSP
DIB Gajapati C.S No.
26 is submitted on
20.06.2013 against accused
Ladan and 58 others but not
5. Adava P.S 263/2009
Co-accused were Petitioners came
case
No. 46 Dated acquitted. The to know about the cases
28.12.2009 petitioners were from the
neither produced in affidavit dated
Court , nor brought 19.07.2019 filed by the
on remand. SDPO Aska in HC in
BLAPL NO. 4363/2019.
As per affidavit dated
08.09.2022 filed by DSP
DIB Gajapati C.S No.
27 is submitted on
20.06.2013 against accused
Ladan and 58 others but not
against the Petitioner No.1
etition
6. Adava P.S 264/2009 Petitioners came
Co-accused were
case to know about the cases
No. 47 acquitted. The from the
Dated petitioners were affidavit dated
28.12.2009 neigther 19.07.2019 filed by the
produced in SDPO Aska in HC in
Court , nor BLAPL NO. 4363/2019
As per affidavit dated
brought on
08.09.2022 filed by DSP
remand. DIB Gajapati C.S. No.28 is
submitted on 20.06.2013
against accused Ladan and
58 others but not against
the petitioner No.1
7. Adava P.S 221/2009 Co-accused were Petitioners came
case acquitted. The to know about the cases
No. 58 Dated petitioners were from the
23.10.2010 neither produced in affidavit dated
Court , nor brought 19.07.2019 filed by the
on remand. SDPO Aska in HC in
BLAPL NO. 4363/2019.
As per affidavit dated
08.09.2022 filed by DSP
DIB Gajapati C.S No.
61 is submitted on
31.12.2013 against
accused Afira
Badamajhi and 14 others
but not against the
8. Adava P.S 233/2010 Co-accused were Petitioners came
case acquitted. The to know about the cases
No. 63 Dated petitioners were from the
05.11.2010 neigther produced affidavit dated
in 19.07.2019 filed by the
Court , nor SDPO Aska in HC in
brought on BLAPL NO. 4363/2019.
remand.
9. Adava P.S 7/2011 Co-accused were Petitioners came
case acquitted. Though to know about the cases
No. 1 Dated petitioners are from the
10.01.2011 in jail, they were affidavit dated
neither remanded 19.07.2019 filed by the
nor produced in SDPO Aska in HC in
the Court BLAPL NO. 4363/2019.
10. 10. Mo ana 99/2012 Co-accused were Petitioners came
P.S. Case acquitted.Though to know about the
No.40 Dated petitioners cases from the
22.06.2012 in jail, they were affidavit dated
neither remanded 19.07.2019 filed by the
nor produced in SDPO Aska in HC in
the Court BLAPL NO. 4363/2019.
11. Mohana P.S 184/2012 Co-accused were Petitioners came
case acquitted.Though to know about the cases
No. 71 Dated petitioners are from the
19.11.2012 in jail, they were affidavit dated
neither remanded 19.07.2019 filed by the
nor produced in SDPO Aska in HC in
the Court BLAPL NO. 4363/2019.
12. Mohana P.S 191/2012 Co-accused were Petitioners came
case acquitted.Though to know about the cases
No. 73 Dated petitioners are from the
05.12.2012 in jail, they were affidavit dated
neither remanded 19.07.2019 filed by the
nor produced in SDPO Aska in HC in
the Court BLAPL NO. 4363/2019.
13. Mohana P.S 182/2012 Co-accused were Petitioners came
case acquitted.Though to know about the cases
No. 69 Dated petitioners are from the
14.11.2012 in jail, they were affidavit dated
neither remanded 19.07.2019 filed by the
nor produced in SDPO Aska in HC in
the Court BLAPL NO. 4363/2019.
CASES IN WHICH EVIDENCE IS CLOSED, CASE POSTED
FOR ACCUSED STATEMENT
Sl. P.S. Case No. & GR Case Trial Court & ST Remark
No. Date No. Case No.
1. Sorada P.S. 2/2013(B) Addl. Sessions Case posted to
No.129 Dated Judge, Bhanjanagar 13/14.10.2022 for
31.12.2012 (136/2018) accused statement
2. Sorada P.S. 1/2013(B) Addl. Sessions Case posted to
No.128 Dated Judge, Bhanjanagar 13/14.10.2022 for
31.12.2012 (137/2018) accused statement
24. We have also taken information as regards the
allegation made by the Petitioners that they were not
produced in the trial. By a statement, various dates of
production have been provided by the Opposite Parties.
But they have not explained whether the Petitioners were
produced on all the dates, or not. Even, the Petitioners did
not reveal those dates. It appears that for non-availability of
the security escort, the Petitioners could not be produced in
the court on the date fixed by the court for production.
What now emerges out of the information that the
Petitioner No.1 is waiting for completion of trial in 08
cases as referred to above. It has been clearly stated by the
Petitioners that in the following cases evidence is closed
and the cases are posted for the accused statement:
(i) ST Case No.136/2018 corresponding to G.R.
Case No.2/2013(B) and Sorada P.S. Case No.129 of 2012
in the court of Addl. Sessions Judge, Bahnjanagar and (ii)
ST Case No.137/2018 corresponding to G.R. Case
No.1/2013(B) and Sorada P.S. Case No.128 of 2012 in the
Court of Addl. Sessions Judge, Bahnjanagar.
So far as these two cases are concerned, we direct
those courts to complete the trial by the next 04 months,
else the Petitioners involved in those cases be released on
bail on suitable terms and conditions. Seven cases where
after completion of investigation, charge-sheets have not
been filed against the Petitioners, the Petitioners are
deemed to have been discharged from the criminal liability.
Description of these cases are as follows:
(i) Adava P.S. Case No.7/09 corresponding to
G.R. Case No.29/09, (ii) Adava P.S. Case No.43/09
corresponding to G.R. Case No.260/09, (iii) Adava P.S.
Case No.44/09 corresponding to G.R. Case No.261/09, (iv)
Adava P.S. Case No.45/09 corresponding to G.R. Case
No.262/09, (v) Adava P.S. Case No.46/09 corresponding to
G.R. Case No.263/09, (vi) Adava P.S. Case No.47/09
corresponding to G.R. Case No.264/09 and (vii) Adava
P.S. Case No.58/10 corresponding to G.R. Case No.221/10.
But in the following cases the trial has
commenced but not been completed:
(i) ST Case No.87/2020 pending in the Court of
Addl. Sessions Judge, Bhanjanagar corresponding to G.R.
Case No.57(A)/2011 and Bhanjanagar P.S. Case
No.18/2011, (ii) ST. Case No.69/2020 pending in the
Court of Addl. Sessions Judge, Bhanjanagar corresponding
to G.R. Case No.13/2011 and Badagada P.S. Case
No.6/2011, (iii) ST Case No.133/2018 pending in the Court
of Addl. Sessions Judge, Bhanjanagar corresponding to
G.R. Case No.27/2010(B) and Badagada P.S. Case
No.18/2010, (iv) ST Case No.53/2020 pending in the Court
of Addl. Sessions Judge, Bhanjanagar corresponding to
G.R. Case No.06/2011 and Badagada P.S. Case No.4/2011,
(v) ST Case No.59/2020 pending in the Court of Addl.
Sessions Judge, Bhanjanagar corresponding to G.R. Case
No.54/2012 and Badagada P.S. Case No.28/2012, (vi) ST
Case No.62/2020 pending in the Court of Addl. Sessions
Judge, Bhanjanagar corresponding to G.R. Case
No.31/2011(B) and Sorada P.S. Case No.21/2011 and (vii)
ST Case No.56/2020 pending in the Court of Addl.
Sessions Judge, Bhanjanagar corresponding to G.R. Case
No.164/2011(A) and Soroda P.S. Case No.106/2011.
The trial of these cases shall be completed by
30.08.2023, else, the Petitioners shall be released on bail
on appropriate terms and conditions. We have recorded our
direction in respect of ST Case No.136/2018 corresponding
to G.R. Case No.2/2013(B) and Sorada P.S. Case
No.129/2012 and ST Case No.137/2018 corresponding to
G.R. Case No.1/2013(B) and Sorada P.S. Case
No.128/2012.
25. Further we should observe that according to the
statement made by the Opposite Parties No.2 and 3, no
case is pending against any of the Petitioners at the stage of
investigation.
26. Having observed and declared thus, this writ
petition stands allowed to the extent as indicated above.
27. There shall be no order as to costs.
28. Before parting with the records, we place our
appreciation for the invaluable assistance provided to us
Mr. J. Katikia, learned Additional Government Advocate
appearing for the State.
...............................
(S. Talapatra, J)
[
. I agree.
...............................
(Savitri Ratho, J)
Orissa High Court, Cuttack.
The 9th day of February, 2023.
L. Murmu, Senior Stenographer.
