Bhagyalata Muni Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 4511 of 2024

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Bhagyalata Muni ….. Petitioner Mr. Basudev Pujari, Advocate

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-versus-

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1. State of Odisha, represented by the Secretary to Govt. Home Department, Bhubaneswar 2. Superintendent of Police, Berhampur 3. Inspector-in-Charge, Gosaninuagaon Police Station, Berhampur 4. Superintendent of Police, C.I.D., Crime Branch, Buxibazar, Cuttack 5. Additional Director General of Police, Crime Branch, Buxibazar, Cuttack

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….. Opp. Parties

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Mr. Udit Ranjan Jena, A.G.A. (for O.P. Nos. 1 to 5) Mr. Soura Chandra Mohapatra, Senior Advocate with Mr. Millon Kumar, Advocate (for intervenor)

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER 05.05.2025

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Order No.

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(Through hybrid Mode)

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08.

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This CRLMC has been filed with the following prayer:- “The petitioner, therefore, prays that your Lordships may be graciously pleased to admit the petition, issue notice to the Opp. parties and after hearing the counsel for the parties allow the petition and direct the S.P.,

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Page 1 of 5

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C.I.D, C.B, Cuttack to submit its final investigation report in compliance with the direction of this Hon'ble Court in order dt.27.09.2023 passed in CRLMP No. 1472 of 2023, immediately before the appropriate Court;

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AND

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direct the Ilird Addl. Sessions Judge, Berhampur to conclude the trial in S.T. No. 111 of 2023 accordance with law immediately;

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And for which act of kindness, the petitioner shall as in duty bound ever pray.”

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Heard Mr. Basudev Pujari, learned counsel for the petitioner and Mr. Soura Chandra Mohapatra, learned Senior Counsel with Mr. Millan Kumr learned counsel for the intervenor who is the petitioner in CRLMP No. 1472 of 2023.

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This application has been filed by the wife of the deceased Lambodhar Muni who was found dead in his house on 14.06.2020. Cash and ornaments were found to be stolen from his bed room. FIR

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was lodged in the police station on the same day leading to registration of Gosaninuagaon P.S. Case No. 87 of 2020 for commission of offences punishable under Sections 458, 394, 302 of IPC against unknown persons. This corresponds to G.R. Case No. 980 of 2020 in the file of the learned S.D.J.M., Berhampur.

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Page 2 of 5

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After completion of investigation, charge sheet was filed on 21.11.2021 against five persons namely Rupesh Padhy, Shiva Mahakud, Ranjit Sahu, Srinu Patra and Sankar Sahu indicating Sankar Sahu to be an absconder.

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After the case was committed to the Court of Sessions trial commenced against the accused persons in the Court of the learned 3^rd Additional Sessions Judge, Berhampur in S.T. Case No. 111 of 2023, CRLMP No. 1472 of 2023 had been filed by one Jagdish Kumar Muni, son of the deceased praying for handing over investigation of the case to the CBI. This Court while disposing of the application on 27.09.2023, was not inclined to transfer the investigation to the CBI, but directed the State Investigating Agency to continue further investigation into the matter with further direction that the further investigation should be carried out and completed as early as possible, preferably within a period of three months from the date of receipt of the order and for placing the supplementary report before the learned Magistrate in the trial/before the concerned trial Court thereafter, to be considered by the trial Court in accordance with law.

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It appears that on 05.11.2024, after completion of examination

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of 13 witnesses in the trial before the 3^rd Additional Sessions Judge,

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Page 3 of 5

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Berhampur, a memo had been filed before the learned trial Court

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that the prosecution did not want to examine any more witnesses.

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On 20.03.2025, a status report had been called for from the

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learned S.D.J.M., Berhampur in G.R. Case No. 980 of 2020, as it was stated that the case was pending before the learned S.D.J.M., Berhampur.

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Status report dated 15.04.2025 has been received from the learned S.D.J.M., Berhampur where it is stated that the case has been committed on 16.08.2021 and is now pending in the Court of the learned 3^rd Additional Sessions Judge, Berhampur, Ganjam.

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Status report dated 15.04.2025 has been received from the learned 3^rd Additional Sessions Judge, Berhampur. The relevant portion of the report is extracted below:-

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“Accordingly, the I.O. submitted his report before the committal court i.e. the court of Ld. S.D.J.M., Berhampur on 16.01.2025, who in turn forwarded the same to this court along with copies of the additional police papers, as was directed. In such report submitted by the I.O., the I.O. added some other witnesses including the expert of OEM i.e. Seagate, Netherland, even though no report of the said OEM has been submitted. As such, prosecution was instructed to provide short list of the material witnesses out of the same. Accordingly, the list of

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Page 4 of 5

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witnesses has been submitted by the Ld. Addl. P.P. Now the case has been posted to 24.04.2025 for examination of C.S.W. nos. 21 & 26 of such supplementary charge sheet submitted by the I.O.”

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10 From the above report, it is apparent that the prayer made in this writ application has been complied with for which, the CRLMC has been rendered infructuous.

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In view of the development during pendency of this CRLMC,

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the CRLMC is disposed of as infructuous, requesting the learned trial Court to proceed with the trial in accordance with law expeditiously as the incident is of the year 2020.

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Urgent certified copy of this order be granted on proper application.

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Copy of this order be communicated to the learned 3^rd Additional Sessions Judge, Berhampur by the Registry forthwith.

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 05-May-2025 20:31:36

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Bhagyalata Muni v. State of Odisha

Case brief

What is this about?

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Bhagyalata Muni v. State of Odisha

Case brief

What is this about?

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