Citation : 2026 Latest Caselaw 2330 Ori
Judgement Date : 13 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.7 of 2026
Rajani Kanta Pattnaik .... Petitioner(s)
Mr. Ashwini Kumar Das, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Mr. Amitav Pradhan, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 13.03.2026
05. 1. This matter is taken up through hybrid arrangement.
2. In filing this CRLMC, the Petitioner from whom the
contraband materials in question including a cash of
Rs.75,09,000/- along with gold weighing about
8kg.596grams are alleged to have been seized, has prayed
for quashing the impugned order dated 09.12.2025 passed
by the learned Special Judge, Khalikote in Spl.G.R. Case
No.27 of 2021.
Apart from the above, the Petitioner has also sought for a
direction from this Court to the learned Special Judge,
Khalikote for issuing a copy of the Police paper including
all the documents and also copy of the statement recorded
under Section 161 Cr.P.C in his favour.
3. Heard.
Designation: Personal Assistant
Location: High Court of Orissa Date: 14-Mar-2026 12:48:52
4. Challenging the impugned order dated 09.12.2025
passed in the above noted Spl. G.R. Case, learned counsel
for the Petitioner submits that despite the best efforts of
the Petitioner the above noted documents have not yet
been issued in favour of the Petitioner. He further
contends that the Petitioner has been falsely implicated in
this case. He, in the process, relying on the provision
under Section 207 of the Cr.P.C submits that the above
noted documents may be supplied in favour of the
Petitioner. He also contends that the Petitioner needs the
above noted documents in order to prove his innocence.
He, accordingly, prays for allowing the prayer made in
this CRLMC. The provision under Section 207 of the
Cr.P.C. is extracted hereinbelow:-
"207. Supply to the accused of copy of the police report and other documents- In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information recorded under section 154;
(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to whch a request for such exclusion has been made by the police officer under sub-section (6) of section 173;
(iv) the confessions and statements, if any, recorded under section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:
Designation: Personal Assistant
Location: High Court of Orissa Date: 14-Mar-2026 12:48:52
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court."
5. In his opposition, learned counsel for the State submits
that despite supplying of necessary documents in favour
of the Petitioner, the Petitioner is unable to establish a case
in his favour. He, accordingly, prays for dismissal of this
CRLMC.
6. Considering the submissions made on behalf of both the
parties and without going into the merits of the case, this
Court directs the Petitioner to file a fresh application for
issuance of necessary documents noted hereinabove which
shall be considered and disposed of as per law and the
documents sought for by the Petitioner as noted
hereinabove shall be shared with the Petitioner, if the same
are sharable. It is also made clear that if the authority
concerned is satisfied that any documents sought for by
the Petitioner is voluminous, he shall, instead of
furnishing a copy thereof in favour of the accused, permit
the accused or his representative to inspect the said
documents.
Designation: Personal Assistant
Location: High Court of Orissa Date: 14-Mar-2026 12:48:52
7. This CRLMC is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa Date: 14-Mar-2026 12:48:52
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!