Mohan Mohanta Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 216 OF 2024

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Mohan Mohanta

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Petitioner(s)

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Mr. A. Mohanta, Advocate

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-versus-

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…. State of Odisha and others Opposite Party(s) Mr. P. K. Maharaj, ASC Mr. G. Parida, Advocate (for O.Ps. 2 & 3)

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CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
21.02.2024
Order No.
02. 1. Heard.
2. Learned counsel for the Petitioner submits that earlier he
had approached this Court by filing CRLMC No.4108 of 2023
seeking recall of the victim girl (P.W.1) for cross-examination.
Vide order dated 12.01.2024, this Court has allowed his prayer.
Therefore, he wants to re-examine the victim girl being the P.W.1
in the case, however, the impugned order dated 13.09.2023 has
been creating hindrance.

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Certified copy of the proceeding of the Court below filed

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by the learned counsel for the Petitioner is placed on record.

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Page 1 of 2

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Learned counsel for the Petitioner points out that on 13.09.2023 despite the fact that the Petitioner moved an application under Section 317(1) Cr.P.C., his application was turned down and NBW has been issued against him. Therefore, he could not avail the benefit of the order dated 12.01.2024 passed by this Court in CRLMC No.4108 of 2023. Therefore, he seeks indulgence of this Court.

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Taking into consideration the peculiar facts of the present

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case, the order dated 13.09.2023 passed by the learned Additional District & Sessions Judge (FTSC), Keonjhar in Special Case No.283/118 of 2016 is set aside. The Petitioner is directed to appear before the Court below on or before 15^th March, 2024 and seek remedy available to him under law.

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With the above observation, the CRLMC is disposed.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 20:03:08

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Mohan Mohanta v. State of Odisha

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Mohan Mohanta v. State of Odisha

Case brief

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