Dillip Kumar Sahu Vs State of Odisha

Instant revision petition is filed by the petitioner challenging the order of cognizance dated 1^st September, 2023 passed in connection CT Case No.242 of 2020 by the learned S.D.J.M., Phulbani on the grounds stated.

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Mr. Tripathy, learned counsel for the petitioner submits that there is no case made out against the petitioner as for the informant, who lodged the FIR i.e. Annexure-1, the allegations are rested on the instructions received from the concerned Collector and DEO, Khandhamal, Phulbani as made to reveal therein. It is further submitted that the other accused is absconding for long and therefore, trial has not commenced. In fact, the submission is that the framing of charge has not taken place in view of the absence of the co-accused, namely, Madhab Chandra Behera, a primary teacher working under the

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DEO, Phulbani by then. The submission is that no case is made out showing the involvement of the petitioner regarding any such forgery of documents as has been alleged by the informant in absence of any such enquiry held by him.

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Mr. Swain, learned AGA for the State, on the other hand, submits that there is forgery alleged in respect of the documents as revealed from Annexure-1 by and at the behest of the petitioner and co-accused, who managed recommendation sent to the Board of Revenue, Odisha, Cuttack for their selection to the ORS cadre, hence, with the closure of investigation, the chargesheet is filed and therefore, the impugned order of cognizance dated 1^st September, 2023 at Annexure-3 is unassailable.

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5. Perused the chargesheet at Annexure-2.

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The allegation against the petitioner is to the effect that he and the co-accused manipulated the recommendation in order to avail promotion to the ORS cadre and the informant lodged the report upon such manipulation being proved and established after enquiry. Mr. Tripathy, learned counsel for the petitioner refers to certain documents to claim that the petitioner should not have been chargesheeted. The Court is of the view that while exercising jurisdiction, the Court cannot examine any such documents except the chargesheet. Even, the law is well settled that the materials filed along with the chargesheet are only to be looked into and not extraneous materials for considering taking of cognizance of the offences

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against an accused. Since, a prima facie case is revealed from Annexure-2 and a decision has been arrived at by the learned court below vide Annexure-3, the Court is of the view that there is no justification to interfere with the same. But, considering the submission of Mr. Tripathy, learned counsel, the Court is of the view that a direction is required to be issued to the learned court below to immediately commence the trial framing the charge with case as against the petitioner being split up in absence of the co-accused as it is informed that against the latter, a non-bailable warrant arrest is pending execution, hence, a direction is necessary in that regard.

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7. Accordingly, it is ordered.

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In the result, the revision petition stands dismissed, however, with the direction as aforesaid to be complied with by the learned court below in connection CT Case No.242 of 2020.

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A copy of the order be sent to the Court concerned immediately for compliance.

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(R.K. Pattanaik) Judge

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TUDU

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Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 21-Nov-2025 11:45:20

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Dillip Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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