Sanatana Panda vs State Of Odisha And
2023 Latest Caselaw 11701 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.704 of 2021

              Sanatana Panda                     ....      Appellant

                                   Mr. Devashis Panda, Advocate

                                     -versus-

              State of Odisha and                ....    Respondents
              another

                                   Mr. Rajesh Tripathy
                                   Addl. Standing Counsel
                                   Mr. R.K. Mohapatra, Advocate
                                   for respondent no.2

                                CORAM:
                            JUSTICE S.K. SAHOO
                                    ORDER

Order No.                         26.09.2023

   23.           This    matter     is   taken    up    through    Hybrid

arrangement (video conferencing/physical mode).

Mr. Devashis Panda, learned counsel for the appellant has filed memo of citations, which are taken on record.

During course of argument, Mr. Panda referred to the decision of the Hon'ble Supreme Court in the case of Chandra Deo Singh -Vrs.- Prakash Chandra Bose reported in A.I.R. 1963 S.C. 1430 wherein it is held that the object of the enquiry under section 202(1) of Cr.P.C. is to ascertain the truth or falsehood of the complaint but the Magistrate making the enquiry has to // 2 //

do this only with reference to the intrinsic quality of the statements made before him at the enquiry which would naturally mean the complaint itself, the statement on oath made by the complainant and the statements made before him by persons examined at the instance of the complainant.

Since the judgment in Chandra Deo Singh (supra) is rendered by a four-Judge Bench of the Hon'ble Supreme Court, learned counsel for the respondent no.2 seeks some time to verify as to whether in the subsequent decision of the Hon'ble Supreme Court or this Court wherein it is held that the complainant's examination at the stage of section 202 of Cr.P.C. is not necessary if he is already examined under section 200 Cr.P.C., the decision of the Hon'ble Supreme Court in the case of Chandra Deo Singh (supra) has been referred to or not.

List this matter on 10.10.2023. The interim order passed earlier shall continue till the next date.

( S.K. Sahoo) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 27-Sep-2023 18:12:19