Bijay Kumar Rout vs State Of Odisha And Others .... Opp. ...
2025 Latest Caselaw 7839 Ori

Orissa High Court

Bijay Kumar Rout vs State Of Odisha And Others .... Opp. ... on 3 September, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMP No.357 of 2025

                 Bijay Kumar Rout                    ....           Petitioner
                                   Mr. Bijay Kumar Mohanty, Advocate
                                          -versus-
                 State of Odisha and Others          ....        Opp. Parties
                                     Mr. Ashok Kumar Apat, Addl. P. P.


                         CORAM:
       THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                          ORDER

Order No.                                03.09.2025
 04.        1.     Heard learned counsel for the Parties.

2. Upon receipt of the explanation from the learned 4 th Addl. Sessions Judge Bhubaneswar, this Court vide order dated 18.08.2025, directed the Registrar (Judicial) to ensure that the LCR in question sought to have been called for in connection with Criminal Appeal No.10 of 1997 is sent back to the court concerned.

3. The learned Registrar (Judicial) has submitted a report. The report reads as under: -

"On verification of the status of CRA No.10 of 1997, it is ascertained that the said case has been disposed of by the Hon'ble Court on dated- 13.02.2009. From the soft copy of the record scanned vide B.C. No.50661085 and available in DMS database of the Court, it is found that a copy of the judgment passed in CRA No. 10 of 1997 along with entire Trial Court Record in S.T. Case No.7/97 of 1995 along with G.R. Case No.3057 of 1993 had been forwarded to the Ld. Additional Session Judge, Bhubaneswar vide Court's Memo No.3048, dated- 18.02.2009. Subsequently a letter regarding transmission of G.R. Case No.3057 of 1993 had been issued to the Ld. Additional District & Sessions Judge, Bhubaneswar on dated-03.12.2013 with reference to his letter No.605, dated-25.11.2013. Lt. Trial Court has also been intimated through e-mail regarding earlier transmission of the aforesaid G.R. Case Record vide Court's Memo No.56400, dated- 21.08.2025."

4. Perusal of the aforesaid report of the Registrar (Judicial) clearly reveals that the explanation submitted by the 4th Additional Sessions Judge, Bhubaneswar is absolutely baseless and misleading too and calls for a discreet enquiry. The learned District Judge, Khurda, Bhubaneswar is directed to proceed with an enquiry and submit his report fixing the responsibility on the person responsible. The report shall reach the Registrar (Judicial) within a period of fifteen days from the date of receipt of

this order. Upon receipt of the report from the learned District Judge, Khurda, the Registrar (Judicial) shall place the same before the Hon'ble Administrative Judge for further action, if any.

5. Office is directed to communicate this order to the learned District Judge, Khurda at Bhubaneswar for compliance. Be that as it may, since the LCR has already been sent to the court concerned, it is expected that the trial shall proceed as expeditiously as possible giving priority to it.

6. With the aforesaid direction/observations, the CRLMP stands disposed of.

(Chittaranjan Dash) Judge

AKPradhan

Signed by: ANANTA KUMAR PRADHAN

Location: HIGH COURT OF ORISSA Date: 04-Sep-2025 17:44:55