Bijay Kumar Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bijay Kumar Rout Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: District Judge, Khurda, Bhubaneswar to hold a discreet enquiry into the baseless and misleading explanation of the 4th Additional Sessions Judge, Bhubaneswar and fix responsibility, reporting to the Registrar (Judicial) within fifteen days; the report to be placed before the Hon'ble Administrative Judge for further action; Office to communicate the order to the District Judge; and, the LCR having been returned, the trial to proceed expeditiously with priority.

Issue for consideration

Whether the Lower Court Record (LCR) called for in connection with Criminal Appeal No.10 of 1997 had been sent back to the court concerned. +1 more

Court's answer

The LCR in connection with Criminal Appeal No.10 of 1997 has already been sent to the court concerned, and the trial is expected to proceed as expeditiously as possible with priority given to it.

Ratio / Principle

The explanation submitted by the 4th Additional Sessions Judge, Bhubaneswar is absolutely baseless and misleading and calls for a discreet enquiry.

Key takeaways

The learned District Judge, Khurda, Bhubaneswar is directed to proceed with the enquiry, fix responsibility on the person responsible, and submit his report to the Registrar (Judicial) within fifteen days from receipt of the order.ratio¶18
Upon receipt of the District Judge's report, the Registrar (Judicial) shall place it before the Hon'ble Administrative Judge for further action, if any.ratio¶20

Detailed headnote1 paragraphs

Administrative order (CRLMP) concerning non-return of the Lower Court Record (LCR) called for in Criminal Appeal No.10 of 1997. On the Registrar (Judicial)'s report showing that the judgment in CRA No.10 of 1997, the Trial Court Record in S.T. Case No.7/97 of 1995 and G.R. Case No.3057 of 1993 had been transmitted to the Bhubaneswar courts as far back as 2009 and 2013, the Court held the explanation of the 4th Additional Sessions Judge, Bhubaneswar to be absolutely baseless and misleading, directed the District Judge, Khurda to conduct a discreet enquiry, fix responsibility and report within fifteen days, with the report to be placed before the Hon'ble Administrative Judge. Since the LCR had already been sent to the court concerned, the trial was expected to proceed expeditiously with priority. CRLMP disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.357 of 2025

Bijay Kumar Rout

…. Petitioner

Mr. Bijay Kumar Mohanty, Advocate

-versus-

…. State of Odisha and Others Opp. Parties Mr. Ashok Kumar Apat, Addl. P. P.

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

03.09.2025

1. Heard learned counsel for the Parties.

Upon receipt of the explanation from the learned 4^th Addl. Sessions Judge Bhubaneswar, this Court vide order dated 18.08.2025, directed the Registrar (Judicial) to ensure that the LCR in question sought to have been called for in connection with Criminal Appeal No.10 of 1997 is sent back to the court concerned.

The learned Registrar (Judicial) has submitted a report. The report reads as under: -

“On verification of the status of CRA No.10 of 1997, it is ascertained that the said case has been disposed of by the Hon’ble Court on dated-

13.02.2009. From the soft copy of the record scanned vide B.C. No.50661085 and available in DMS database of the Court, it is found that a copy of the judgment passed in CRA No. 10 of 1997 along with entire Trial Court Record in S.T. Case No.7/97 of 1995 along with G.R. Case No.3057 of 1993 had been forwarded to the Ld. Additional Session Judge, Bhubaneswar vide Court’s Memo No.3048, dated18.02.2009. Subsequently a letter regarding transmission of G.R. Case No.3057 of 1993 had been issued to the Ld. Additional District & Sessions Judge, Bhubaneswar on dated-03.12.2013 with reference to his letter No.605, dated-25.11.2013. Lt. Trial Court has also been intimated through e-mail regarding earlier transmission of the aforesaid G.R. Case Record vide Court’s Memo No.56400, dated21.08.2025.”

Perusal of the aforesaid report of the Registrar (Judicial) clearly reveals that the explanation submitted by the 4^th Additional Sessions Judge, Bhubaneswar is absolutely baseless and misleading too and calls for a discreet enquiry. The learned District Judge, Khurda, Bhubaneswar is directed to proceed with an enquiry and submit his report fixing the responsibility on the person responsible. The report shall reach the Registrar (Judicial) within a period of fifteen days from the date of receipt of

Page 2 of 3

this order. Upon receipt of the report from the learned District Judge, Khurda, the Registrar (Judicial) shall place the same before the Hon’ble Administrative Judge for further action, if any.

Office is directed to communicate this order to the learned District Judge, Khurda at Bhubaneswar for compliance. Be that as it may, since the LCR has already been sent to the court concerned, it is expected that the trial shall proceed as expeditiously as possible giving priority to it.

With the aforesaid direction/observations, the CRLMP stands disposed of.

(Chittaranjan Dash) Judge

AKPradhan

Signature Not Verified

Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Sep-2025 17:44:55

Page 3 of 3