Orissa High Court
Dayanidhi Jena @ Nidhia Jena vs State Of Odisha .... Opp. Party(S) on 22 January, 2025
.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4704 of 2024
Dayanidhi Jena @ Nidhia Jena .... Petitioner(s)
Mr. B.K. Ragada, Advocate
-versus-
State of Odisha .... Opp. Party(s)
Mr. S.J. Mohanty, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 22.01.2025
,
02. I.A. No.73 of 2025
1. This application has been filed by the petitioner for modification
of the order dated 02.01.2025 passed in CRLMC No. 4704 of 2024.
2. Learned counsel for the petitioner submits that this Court while
disposing of the CRLMC vide order dated 02.01.2025, some
typographical error was there in paragraphs-3 and 7 of the said order. In
view of the confusion, the petitioner could not surrender before the
courts below. Hence, he seeks correction.
3. For the reasons stated in the application, paragraphs-3 and 7 of
the order dated 02.01.2025 passed by this Court in CRLMC No. 4704 of
2024 is modified and paragraphs-3 and 7 of the said order are replaced
by the following orders:-
"3. The petitioner is one of the accused in connection with
Balipatna P.S. Case No.10 of 2013 registered under
Sections 147/148/341/294/307/302/427/149 of the IPC
// 2 //
corresponding to G.R. Case No. 43A of 2013 pending in the
court of learned JMFC (O), Bhubaneswar. After
investigation, the preliminary charge sheets had been
submitted on 16.05.2013, 06.10.2013 and 21.10.2013 qua
the other accused persons. Final charge sheet in this case
has been submitted on 28.10.2017 under Sections
147/148/307/302/120-B/149 of the IPC showing the present
petitioner as an absconder. Subsequent thereto, on
15.12.2017, the learned court below has taken cognizance of
offences as mentioned above against the petitioner. The
petitioner is assailing the said cognizance order on the
ground that three of the co-accused persons, who had faced
trial, have already been acquitted by the learned Additional
Sessions Judge, Bhubaneswar in S.T. Case No.109 of 2014
vide judgment dated 13.07.2016."
7. In view of the aforementioned, the petitioner may be
entitled for grant of bail, but inevitable on his part to face
the trial. Therefore, I am not inclined to entertain this
petition and direct the petitioner to surrender/appear before
the learned courts below on or before 15.02.2025 and face
the trial. The petitioner may apply for grant of regular bail
before the courts below. If any such application is moved by
the petitioner, the same shall be decided by the courts below
on its merit on the same day taking into consideration the
observation made by the learned trial Court in its judgment
dated 13.07.2016 by maintaining parity. Since the present
case pertaining to year 2013, it is expected that the learned
trial court would do well to see that the trial be concluded
as expeditiously as possible."
4. Rest part of the order dated 02.01.2025 remains unaltered. It is
made clear that no further extension shall be granted to the petitioner.
5. With the above modification, the I.A. stands disposed of.
(S.S. Mishra)
Judge
Signature
Ashok
Not Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA
Reason: Authentication
Location: High Court of Orssa, Cuttack
Date: 22-Jan-2025 19:30:50
