Allowed

Kalinga Keshari Panda v. Republic of India

Orissa HC11 May 2017CRLMP/1415/2015

Case brief

AI extract

What is this about?

The Single Judge held that notice to CBI was unnecessary. Directing the Special Chief Judicial Magistrate at Bhubaneswar to procure witness attendance and complete the trial within four months due to undue delay.

What did the court decide?

Directs the learned Special Chief Judicial Magistrate, (CBI), Bhubaneswar to complete the trial within four months from the date of communication of this order.

Kalinga Keshari Panda Vs Republic of India — Civil Procedure and Limitation | Orissa HC (2017)

¶1

11.05.2017

¶2

CRLMP NO.1415 OF 2015

¶3

 Heard learned counsel for the petitioner.
 Considering the nature of order proposed to be passed, it is not necessary to issue no
tice to the opposite party-CBI.

¶4

 The limited prayer made by the petitioner in this application is to direct early dispo
sal of the case, SPE No.5 of 2006 pending on the file of the learned Special Chief Judicial Ma
gistrate, (CBI), Bhubaneswar in which the petitioner is facing trial for offences under Sectio
ns 420/468/471 of the I.P.C.

¶5

 It is stated that the examination of the prosecution witnesses is almost over, and tha
t the I.O. was examined about six months back, but the case is lingering only for the purpose
of his cross-examination, since he is not attending. It appears from the order-sheet of the ca
se that without properly examining whether processes were in fact served on the witnesses or n
ot, the court below has been passing orders for issuing fresh summons.
 Considering the fact that the case is of the year 2006, this Court directs the learned
 Special Chief Judicial Magistrate, (CBI), Bhubaneswar to take adequate steps for procuring at
tendance of the witnesses in SPE Case No.5 of 2006 of his court and complete the trial of the
said case within a period of four months from the date of communication of this order. Requisi
tes for communication of this order be filed within one week.

¶6

 The CRLMP is accordingly disposed of.

¶7

Kalinga Keshari Panda v. Republic of India

Case brief

What is this about?

What did the court decide?

Kalinga Keshari Panda v. Republic of India

Case brief

What is this about?

What did the court decide?

What the court decided

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