Disposed¶23

Surendra Narayan Rath v. State of Odisha

Orissa HC2 Jan 2024CRLMP/2515/2023

Case brief

AI extract

What is this about?

Speedy trial; expeditious disposal; direction to ensure witness presence; official witnesses; day-to-day monitoring by trial court; six-month timeline from communication of order; Section 409 I.P.C.; G.R. Case No.148 of 2000; Bhanjanagar P.S. Case No.51(9) of 2000; J.M.F.C. Bhanjanagar; CRLMP No. 2515 of 2023; High Court of Orissa; Chittaranjan Dash, J.

What did the court decide?

CRLMP disposed of with directions that the prosecution take expeditious steps to secure witnesses' presence, the trial court monitor the case on a day-to-day basis on priority, and the trial be completed preferably within six months from communication of the order. ¶23

Surendra Narayan Rath Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether, given the age of the case and the slow pace of witness examination, the prosecution and the trial court should ensure expeditious steps for the presence of witnesses and close monitoring of the trial. +1 more

¶18

Court's answer

Having regard to the age of the case, the Court expected the prosecution to take expeditious steps to ensure the presence of the witnesses and the trial court to monitor the case closely.

¶18

Ratio / Principle

The trial court was directed to ensure the presence of the witnesses at the earliest possible opportunity and, giving priority to case monitoring by itself on a day-to-day basis, to proceed with the trial.

¶22

Key takeaways

The trial court was directed to dispose of the case as expeditiously as possible, preferably within six months from the date of communication of the order (by the Court or the petitioner, whichever is earlier).ratio¶22

Detailed headnote1 paragraphs

Speedy trial - Orissa High Court (single judge, Chittaranjan Dash, J.) disposed of CRLMP No. 2515 of 2023 filed by Surendra Narayan Rath, an accused in G.R. Case No.148 of 2000 (arising out of Bhanjanagar P.S. Case No.51(9) of 2000) for an offence under Section 409, I.P.C. pending before the learned J.M.F.C., Bhanjanagar. Charge-sheet had been filed on 19.01.2003; of 16 charge-sheeted witnesses only four had been examined, most being official witnesses. Noting the age of the case, the Court directed the prosecution to take expeditious steps to ensure the presence of witnesses, the trial court to monitor the case closely on a day-to-day basis on priority, and to dispose of the trial as expeditiously as possible, preferably within six months from the date of communication of the order.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 2515 of 2023

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Surendra Narayan Rath …. Petitioner

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Mr. Sritam Kumar Mohapatra, Advocate

¶5

-versus-

¶6

State of Odisha

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Opp. Party

¶8

Mr. Debasish Biswal, ASC

¶9

CORAM:

¶10

JUSTICE CHITTARANJAN DASH

ORDER

Order No.

02.01.2024

Heard learned counsel for the Petitioner and the State.

¶16

It is submitted by the learned counsel for the Petitioner that charge-sheet has been submitted in the case on 19.01.2003 and trial has begun thereafter, but, out of the 16 charge sheeted witnesses, only four witnesses have been examined so far.

¶17

The accused is facing trial in the offence under Section 409, I.P.C. in connection with G.R. Case No.148 of 2000 arising out of Bhanjanagar P.S. Case No.51(9) of 2000 pending in the court of the learned J.M.F.C., Bhanjanagar.

¶18

Having regard to the age of the case, it is expected that the prosecution to take expeditious steps in ensuring presence of the witnesses and the learned trial court to monitor the same closely. As seen from the witness list, most of the witnesses are official witnesses.

¶19

It is submitted by the learned counsel for the Petitioner that the material witnesses are yet to be examined in the case.

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Page 1 of 2

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// 2 //

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In that view of the matter, this Court directs the trial court to ensure the presence of the witnesses at the earliest possible opportunity, and having given priority to the case monitoring by itself on day-to-day basis, the case be disposed of as expeditiously as possible, preferably within a period of six months from the date of communication of this order from this Court or by the Petitioner, as the case may be (whichever is earlier).

¶23

The CRLMP is disposed of.

¶24

S.K. Parida

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(Chittaranjan Dash)
Judge

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Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 03-Jan-2024 19:13:34

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Surendra Narayan Rath v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surendra Narayan Rath v. State of Odisha

Case brief

What is this about?

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What the court decided

Issues for consideration

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Coram

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