Siba Prasad Pattanayak vs State Of Odisha And Another
2023 Latest Caselaw 7337 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No. 2133 of 2022

             Siba Prasad Pattanayak                       ....          Petitioner
                                               Mr. Lalitendu Mishra, Advocate
                                           -versus-

             State of Odisha and another             .... Opposite Parties
                                       Mr. Rajesh Tripathy, A.S.C. for State
                                   M/s. G.S. Nayak, Advocate & Associates

                         CORAM:
                         THE CHIEF JUSTICE

                                          ORDER

Order No. 05.07.2023

06. 1. Perhaps the attention of this Court was not drawn to the fact that Opposite Party No.2-victim was in fact examined in chief on 21st July, 2022 and she was to be cross-examined at a later date. On account of the interim order passed by this Court, the entire trial has come to stay.

2. Learned counsel appearing for Opposite Party No.2 maintains that the case is made out against the Petitioner as this is concurred with by counsel for the State. This is notwithstanding the observation in the interim order passed by this Court on 5th September, 2022 with reference to certain judgments of the Supreme Court and the Bombay High Court. Whether in fact those judgments apply in the facts of the present case will be decided by the trial Court at the appropriate stage after the recording of evidence is complete. It is premature for this Court at this stage to comment on the submissions made in that regard by the Petitioner.

3. Permitting the parties to raise all their respective pleas before the trial Court, the petition is disposed of. The interim order passed earlier stands vacated.

4. The Superintendent of the concerned Branch is directed to communicate this order to the concerned Subordinate Court forthwith.

(Dr. S. Muralidhar) Chief Justice

S. Behera

Signature Not Verified

Signed by: SUMANTA BEHERA Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Jul-2023 10:44:56