Sourav Singh & Another vs State Of Odisha .... Opp. Party
2025 Latest Caselaw 9249 Ori

Orissa High Court

Sourav Singh & Another vs State Of Odisha .... Opp. Party on 22 October, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMP No. 1247 of 2025

                 Sourav Singh & another             ....        Petitioners
                                               Mr. B.P. Nanda, Advocate

                                         -versus-
                 State of Odisha                 ....          Opp. Party
                                               Mr. A.K. Apat, Addl. P.P.


                         CORAM:
       THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No.                               22.10.2025
 02.        1.      Heard learned counsel for the Parties.

2. By means of this application, the Petitioners seek the intervention of this Court for a direction to the learned Additional Sessions Judge-cum-Special Judge, Talcher, to take cognizance of the preliminary Charge-sheet dated 21.07.2025 and to proceed with the trial by framing the charges in C.T. (Spl.) NDPS Case No.03 of 2025 arising out of Talcher P.S. Case No.419 dated 23.05.2025 for commission of offences under Sections 21(b) & 29 of the NDPS Act.

3. A report was called for from the concerned court i.e., the Additional Sessions Judge-cum-Special Judge, Talcher. The said court has submitted a report stating that cognizance has not yet been taken, nor have charges been framed against the accused persons, due to the non-submission of the final charge-sheet, including the C.E. report, other connected documents and the arrest of co-accused. The case is now posted to 13.11.2025, awaiting final Charge-sheet. The above named accused persons are in jail custody since 23.05.2025 and 24.06.2025 respectively, and their bail applications have been rejected by the court.

4. Having regard to the report of the Additional Sessions Judge-cum-Special Judge, Talcher, it may be mentioned that cognizance of the matter cannot wait merely for the none receipt of the C.E. report and/or the arrest of the co-accused persons.

5. In view of the above, the court concerned may proceed further in complying with the procedure to ensure the commencement of trial. There is mandate issued by this court in this regard is directed to comply with the procedure of law being embolden by the judgment made law in respect to the progress in a case where C.E. report is not available and/or the accused is not arrested.

6. Accordingly, the CRLMP stands disposed of.

(Chittaranjan Dash) Judge Sarbani

Designation: Junior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Oct-2025 18:06:29