Sunil Kumar Padhi Vs State of Odisha(Vig.) — Orissa HC (2025) — LawSathi Research

Sunil Kumar Padhi Vs State of Odisha(Vig.) — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One further opportunity to cross-examine P.W.2 in C.C. No.1 of 2019, conditional on deposit of cost of Rs.7,000/- on or before 05.12.2025; upon deposit, the Authorised Officer to fix a date for recall of P.W.2, with virtual appearance permitted if physical appearance is not possible.

Issue for consideration

Whether the petitioner should be granted one further opportunity to cross-examine P.W.2 in C.C. No.1 of 2019, subject to payment of cost, notwithstanding his failure to deposit the earlier imposed cost of Rs.5,000/- by 22.10.2025.

Court's answer

The petitioner's prayer for one more opportunity to cross-examine P.W.2 is allowed, subject to deposit of cost of Rs.7,000/- (rupees seven thousand) on or before 5 December 2025.

Ratio / Principle

On deposit of the cost in court, the learned Authorised Officer shall fix a date recalling P.W.2 to face cross-examination.

Key takeaways

If for any reason the physical appearance of P.W.2 is not possible, he may appear in virtual mode for the convenience of the parties.ratio¶15

Detailed headnote1 paragraphs

CRLA No.1252 of 2025 — Sunil Kumar Padhi and another v. State of Odisha, Vigilance (High Court of Orissa at Cuttack, Chittaranjan Dash, J., order dated 14.11.2025): The petitioners' opportunity to recall P.W.2 for cross-examination in C.C. No.1 of 2019 (Authorised Officer, Special Court, Bhubaneswar) had lapsed due to non-deposit of the imposed cost of Rs.5,000/- by 22.10.2025, whereupon the court below declined further opportunity. On the petitioner's prayer for one more chance (counsel citing ailment and absence in Bangalore; the State contending deliberate default though P.W.2 had travelled from far off, near the district of Nuapada), the High Court allowed the prayer subject to deposit of enhanced cost of Rs.7,000/- (rupees seven thousand) on or before 5 December 2025; upon such deposit the Authorised Officer is to fix a date recalling P.W.2 for cross-examination, and if physical appearance is not possible P.W.2 may appear in virtual mode. CRLA stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.1252 of 2025

Sunil Kumar Padhi and another …. Petitioners Mr. H.K. Mund, Advocate

-versus-

…. State of Odisha, Vigilance Opp. Party Mr. Sumant Das, SC, Vigilance Department

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

14.11.2025

1. Heard learned counsel for the Petitioner and the State Vigilance.

By means of this application, the petitioner impugned the order dated 22.10.2025 passed by the Authorised Officer, Special Court, Bhubaneswar in C.C. No.1 of 2019.

According to the learned counsel for the Petitioner in the aforesaid case, P.W. 2 was to be crossed examined on recall at the behest of the Petitioner subject to deposit of cost of Rs.5,000/- by 22.10.2025. However, on the failure of the Petitioner to deposit the money, the learned court declined further opportunity to the Petitioner. According to the learned counsel for the Petitioner he was under ailment and supposed to be in Bangalore and could not deposit the aforesaid cost as directed.

Mr. Srimanta Das, learned Standing Counsel for the Vigilance Department, on the other hand, submitted that from the conduct of the Petitioner it is candid to hold that the Petitioner deliberately did not deposit the money though P.W. 2 had arrived in the court far away from the district of Nuapada.

Be that as it may, since the Petitioner prays for one opportunity be given enabling him to cross examine the witness, the prayer is allowed to subject to deposit of cost of Rs.7,000/(rupees seven thousand) on or before 5^th of December, 2025. In the event, the deposit of cost is made in the court, the learned Authorised Officer shall fix the date recalling the P.W.2 to face the cross examination. If for any reason the physical appearance of the P.W.2 would not be possible, he may also appear in virtual mode to the convenience of the parties.

With the above observation, the CRLA stands disposed of.

(Chittaranjan Dash)

Judge

Signature Not Verified

Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Reason: Authentication Location: orissa high court KC Bisoi Date: 17-Nov-2025 16:29:52

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