Partly allowed

Samir Kumar Behera v. State of Odisha

Orissa HC5 Aug 2024CRLREV/143/2024

Case brief

AI extract

What is this about?

Held the revision petition dismissed but directed the IIC Lalbag PS and Commissioner of Excise to preserve CCTV footage to prevent destruction, pending trial closure.

What did the court decide?

Direction to IIC Lalbag PS and Commissioner of Excise to preserve CCTV footage immediately if backup available.

What the court decided

Samir Kumar Behera Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.143 of 2024

¶2

Samir Kumar Behera …. Petitioner

¶3

Mr. H. Tripathy, Advocate

-Versus-

State of Odisha

…. Opposite Party

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

05.08.2024

This matter is taken up through virtual mode.

¶14

Heard learned counsel for the petitioner and Mr. Tripathy, learned AGA for the State.

¶15

Instant revision petition is filed by the petitioner challenging the impugned order under Annexure-2 and to direct the prosecution to cause production of the CCTV footage of the spot vis-à-vis the alleged occurrence installed in front of the office of the Commissioner of Excise, EI & EB, Unit-II, Cuttack on the grounds stated therein.

¶16

Learned counsel for the petitioner submits that an application Section 91 Cr.P.C. was filed before the learned court below seeking a direction to the IIC, Lalbag PS as well as the Commissioner of Excise, EI & EB, Unit-II, Cuttack to produce the CCTV footage before the learned court below but the same has been rejected vide Annexure-2. It is contended that the CCTV footage is very much necessary to prove the innocence of the petitioner but the same has been denied by learned court below while disposing of the application Section 91 Cr.P.C.

¶17

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¶18

Mr. Tripathy, learned AGA for the State submits that the stage is not ripe for causing production of CCTV footage and therefore, learned court below did not err or commit any wrong in not directing the concerned IIC, Lalbag PS and also the Commissioner of Excise, EI & EB, Unit-II, Cuttack in that regard.

¶19

Gone through the contents of the application filed under Section 91 Cr.P.C. as at Annexure-1.

¶20

In course of hearing, learned counsel for the petitioner, on being asked, informs the Court that the trial is in progress with the examination of the IO. Since the prosecution evidence is not yet over but having regard to the limited grievance of the petitioner that the CCTV footage would prove the innocence of the petitioner and the same is likely to be deleted or destroyed by passage of time, hence, the same should be reserved, the Court is of the considered view that even though the utility of such evidence may have to be required to be examined after the closure of prosecution evidence, the same should be persevered. Hence, it is ordered.

¶21

In the result, the revision petition stands disposed of with a direction to the IIC, Lalbag PS and also Commissioner of Excise, EI & EB, Unit-II, Cuttack to preserve the CCTV footage of the spot with reference to the alleged occurrence immediately if there is a backup available so as to consider its utility later on by the learned court below.

¶22

Urgent certified copy of this order be issued as per rules.

¶23

Signature Not Verified

¶24

Digitally Signed Signed by: THAKURDAS TUDUTUDU Reason: Authentication Location: OHC,CTC Date: 06-Aug-2024 19:24:19

¶25

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Samir Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Samir Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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