Citation : 2026 Latest Caselaw 111 Ori
Judgement Date : 7 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5671 of 2025
Rama Krushna Jamadar ..... Petitioner
Represented by Adv. -
Soubhagya Kumar Dash
-versus-
1) State Of Odisha ..... Opposite Parties
2) The Victim Represented by Adv. -
Mr. U.C. Jena, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
07.01.2026 Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the prayer made therein.
3. By filing the present application under Section 528 of BNSS, the Petitioner seeks quashing of order dated 11.11.2025 at Annexure-4 whereby the learned Additional Sessions Judge-cum- Special Judge, Paralakhemundi, Gajapati has rejected the application of the Petitioner filed under Section 348 of the BNSS to recall P.Ws.1, 3 and 4 for their further examination.
4. Learned counsel for the Petitioner at the outset contended that the victim and the Petitioner were in a love relationship however, at the time of occurrence the victim was a minor. In the meantime, the victim has attained majority and that they have both
agreed to marry. On such ground, learned counsel for the petitioner contended that for further cross-examining the victim, the Petitioner wants to bring on record the subsequent developments.
5. Taking into consideration the subsequent developments, this Court is inclined to further examine the issue in presence of the victim.
6. Hence, issue notice to the Opposite Party No.2-victim by Speed Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.
7. List this matter in the week commencing 02.02.2026.
8. This Court is not inclined to further proceeding in G.R. Case No.03 of 2025 pending before the court of learned Addl. Sessions Judge -cum-Special Judge, Parlakhemundi. As such, the proceeding shall continue, however, no final judgment shall be delivered without leave of this Court.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge Sisir
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