Dismissed¶21

Seshan Nayak@Dhirendra Kumar Routray v. State of Odisha

Orissa HC4 Apr 2025CRLMC/1072/2025

Case brief

AI extract

What is this about?

CRLMC No.1072 of 2025, High Court of Orissa, dismissed 04.04.2025 by Justice Sibo Sankar Mishra. Accused-petitioner sought direction to Addl. Sessions Judge, Nayagarh to record S.313 Cr.P.C. statement and time-bound completion of S.T. Case No. 138 of 2012 and S.T. No. 58 of 2016. Petitioner absconded at S.313 stage; NBW(A) issued; custody pursuant to trial court order dated 17.01.2024; co-accused allowed representation under S.317 Cr.P.C. Delay held solely attributable to petitioner; prayer for expedited trial rejected; no interference; dismissal.

What did the court decide?

This Court is not inclined to entertain the petitioner's prayer, because the delay in the trial proceedings is solely attributable to the petitioner. ¶20

Seshan Nayak@Dhirendra Kumar Routray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1072 of 2025

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Seshan Nayak @ Dhirendra …. Petitioner Kumar Routray Mr.Jnyanananda Panda, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mrs.Sarita Maharana, ASC

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

04.04.2025

1. The petitioner has filed the present petition to explore the following relief:

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“this Hon’ble Court may graciously be pleased to direct the learned Addl. Sessions Judge, Nayagarh to record the accused statement U/s. 313 of Cr. P.C. in S.T. Case No. 138 of 2012 & S.T. No. 58 of 2016 pending in his Court and complete the trial within a time to be stipulated by this Hon’ble Court.”

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2. From reading of the trial court proceeding placed before this Court as Annexure-1, it reveals that the petitioner has been absconding. Eventually, on 17.01.2024, the learned Additional Sessions Judge, Nayagarh has passed the following order:

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Page 1 of 1

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“Accused persons namely Anirudha Mohapatra, Prakash Pradhan, Jitendra Kumar Jena, Manoj Kumar Pradhan are present. NBW(A) issued against the accused Seshan Nayak not yet executed. Other accused persons are absent advocate for the defence files a petition U/s-317 Cr.P.C. to represent them. A separate petition is filed seeking for time on the grounds stated therein. Heard. Both the persons are allowed. Put up on 16.02.2024 for production.

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Other accused persons are directed to remain physically present on the date fixed.”

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3. Learned counsel for the petitioner submits that pursuance to the aforementioned order dated 17.01.2024, the petitioner has been taken into custody. The petitioner is in custody as of today. Therefore, he seeks intervention of this Court for expeditious the disposal of the trial.

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4. I am not inclined to entertain the prayer of the petitioner in this petition because the delay in the trial proceeding is solely attributable to the petitioner. Moreover, at the stage of recording of the evidence under Section 313 of the Cr. P.C., the petitioner has absconded leading to issuance of NBW against him.

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5. Hence, no interference is called for in this petition and the CRLMC is dismissed.

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Judge

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Subhasis Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 05-Apr-2025 15:01:38

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Page 2 of 2

Seshan Nayak@Dhirendra Kumar Routray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Seshan Nayak@Dhirendra Kumar Routray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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