Ajaya Mohapatra @ Muna & vs State Of Odisha .... Opp. Party
2025 Latest Caselaw 7119 Ori

Orissa High Court

Ajaya Mohapatra @ Muna & vs State Of Odisha .... Opp. Party on 16 April, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLMC No.4818 of 2023

             Ajaya Mohapatra @ Muna &         ....    Petitioners
             another                               Mr. Devashis
                                                   Panda,
                                                   Advocate



                                   -versus-
             State of Odisha                  .... Opp. Party
                                                 Mrs.Sarita
                                                 Maharana, ASC


         CORAM:
              JUSTICE SIBO SANKAR MISHRA

                             I.A. No.953 of 2025

Order                              ORDER
 No.                             16.04.2025
 08.
        1.

The present petition has been disposed of by a detailed judgment of this Court dated 08.04.2024. The petitioners have moved this application seeking modification of the judgment on the ground that, this Court, while disposing of the matter, has directed the trial Court not to pronounce the final judgment in the trial awaiting for the outcome of the SLP(Crl.) Nos.8164-8166/21, Mohd. Arbaz and others vs. State of N.C.T. of Delhi.

2. The main contention of the petitioners before this Court was that the charge sheet has been filed in the

present case without the chemical examination report form part of the charge sheet. The said charge sheet is not the charge sheet in the eye of law. This precise issue is pending determination before the Hon'ble Supreme Court in Mohd. Arbaz (supra).Therefore, this Court, while disposing of the petition filed by the petitioners vide judgment dated 08.04.2024 had directed the trial Court to proceed with the trial, but not to pass the final order till the Hon'ble Supreme Court decides the larger issue.

3. Mr. Panda, learned counsel appearing on behalf of the petitioners submits that the petitioners are in custody. Since the trial has already been concluded, but for the judgment of this Court dated 08.04.2024, the final judgment has not yet been pronounced by the trial Court. The petitioners are in custody. Their fate is hanging. Therefore, he seeks modification of the judgment dated 08.04.2024 to the extent that without prejudice to their rights in so far as the contentions raised by him in the present petition. The trial Court may take up the trial and pronounce the final judgment.

4. Regard being had to the statement made by Mr. Panda, learned counsel for the petitioner at the Bar, I am inclined to modify the judgment dated 08.04.2024 and direct the trial Court to proceed with the trial and pass the final judgment on the

conclusion of trial in T.R. Case No.50/83 of 2023 pending in the Court of the learned 2nd Additional Sessions Judge, Puri.

5. With the aforementioned modification, the I.A. is disposed of.

6. Urgent certified copy of this order be granted as per rules.

7. A copy of this order be communicated to the trial Court.

(S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 17-Apr-2025 11:03:31