Manoj Das @ Manoj Kumar vs State Of Odisha And Another .... ...
2025 Latest Caselaw 3677 Ori

Orissa High Court

Manoj Das @ Manoj Kumar vs State Of Odisha And Another .... ... on 5 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.2416 of 2024
                 Manoj Das @ Manoj Kumar         ....               Petitioner(s)
                 Das and another
                                                      Mr. B. S. Das, Advocate
                                           -versus-

             State of Odisha and another         ....          Opposite Party(s)
                                                        Mr. U. R. Jena, AGA

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               05.02.2025
 05.        1.        Though this matter is not on board today, but considering

the urgency in the matter, the same is taken on board through

special notice.

2. Yesterday i.e. on 04.02.2024, this matter was listed before

this Court for hearing. After hearing both the parties at length, the

order was dictated in the open Court and the petition was allowed.

Learned counsel appearing for both the parties relying upon the

statement of the victim recorded under Section 164 Cr.P.C. to

persuade this Court that the case in hand is distinguishable from the

judgment of the Hon'ble Supreme Court in the case of Ramji Lal

Bairwa and Anr. Vrs. State of Rajasthan & Ors. Strongly placing

reliance upon the statement of the victim recorded under Section

164 Cr.P.C., this Court persuaded to allow the petition. While

signing the final order, it is discovered that the statement of the

victim recorded under Section 164 Cr.P.C., which was relied upon

by the parties is not belongs to the present case rather it pertains to

some other case. I record my disapproval of the conduct of the

counsels, who were casual in their approach in handling the case.

3. List this matter after four weeks for re-hearing.

(S.S. Mishra) Judge Swarna

Location: High Court of Orissa