Disposed

Bibhudendra Pradhan v. State of Odisha

Orissa HC8 Apr 2021CRLMC/227/2020

Case brief

AI extract

What is this about?

The High Court disposed of this Criminal Misc. Case directing the Assistant Sessions Judge to transmit the case to a competent Magistrate for trial as the offences were not exclusively triable by the Sessions Court, highlighting a procedural violation regarding charge reading.

What did the court decide?

Direction to transmit the case record to the Magistrate competent to try the case.

Bibhudendra Pradhan Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK CRLMC No.227 of 2020

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Bibhudendra Pradhan … Petitioner -Versus-

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State of Odisha … Opp. Party CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ORDER

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08.04.2021

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This matter is taken up by video conferencing mode.

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Heard, the learned counsel for the Petitioner and the learned counsel for the State.

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This application under Section 482 of Cr.P.C. has been filed by the Petitioner seeking a direction to the learned Assistant Sessions Judge, Athmallick to transfer the C.T.(S) Case No.31 of 2019 to the court of S.D.J.M., Athmallick, as the charge has been framed under Sections 417/493 of the I.P.C.

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As it appears from the materials available on record that the offences are not exclusively triable by the Court of Sessions.

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In the aforesaid premises, the learned Assistant Sessions Judge, Athmallick to whom the case was made over though competent to frame the charge, but incompetent to read over and explain the same to the accused and record his plea. The law envisages that the learned Assistant Sessions Judge should have framed the charge and transmits the case to a Magistrate competent to try the same. The learned

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Assistant Sessions Judge, Athmallick appears to have not adhered to the same and proceed with the trial. The same is contrary to the mandates of Section 228(1)(a) of the Cr.P.C.

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Hence, this Court dispose of this Criminal Misc. Case with a direction to the learned Assistant Sessions Judge, Athmallick that if no offence triable by the Court of Sessions is there in the aforesaid case, transmit the aforesaid case record to the Magistrate competent to try the same.

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Needless to say that on receipt of the record, learned Magistrate shall proceed with the trial from the stage the same has been left out by the learned Assistant Sessions Judge, Athmallick.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

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Bibhudendra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bibhudendra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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