Sri Bhagia @ Bhagaban Rout vs State Of Odisha ..... Opposite Party
2025 Latest Caselaw 1761 Ori

Orissa High Court

Sri Bhagia @ Bhagaban Rout vs State Of Odisha ..... Opposite Party on 28 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No.2781 of 2025

            Sri Bhagia @ Bhagaban Rout                .....                Petitioner
                                                              Represented By Adv. -
                                                              Mr. Suvashish Pattanaik

                                           -versus-
            State of Odisha                           .....          Opposite Party
                                                              Mr. Sobhan Panigrahi,
                                                              ASC



                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

28.07.2025

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard the learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the documents annexed thereto.

3. Learned counsel for the Petitioner, at the outset, contended that three of the co-accused persons, who are in custody, have already faced trial in the meantime. He further submitted that those three co- accused persons, who have faced trial, have been acquitted vide judgment dated 31.03.2017 with a finding that the prosecution has failed to prove in bringing home the charges levelled against the accused persons beyond all reasonable doubt. Moreover, it has also been observed that the prosecution witnesses did not support the

prosecution case and the Post Mortem examination report as well as chemical examination report are marked as exhibits on admission by the prosecution and the prosecution declined to examined the I.O. and the doctor, who conducted autopsy. As such, the prosecution case could not be established.

4. In such view of the matter, this Court is of the view that the matter requires further examination.

5. On the prayer of the learned counsel for the State, he is granted four weeks' time to obtain instruction in the matter.

6. List this matter in the week commencing 1st September, 2025.

( A.K. Mohapatra ) Judge Debasis