Dismissed¶23

Chakradhar Biswal v. State of Odisha

Orissa HC19 Jan 2026CRLMC/198/2026

Case brief

AI extract

What is this about?

Section 311 Cr.P.C.; Section 348 BNSS; recall of witnesses; further cross-examination; P.W.2; P.W.4; material discrepancy; cheque in question; quashing of order dated 16.12.2025; S.D.J.M. Dhenkanal; 1CC Case No.125 of 2000; exercise of Section 311 sparingly; filling lacunas; re-trial in guise of recall; belated stage application; completion of evidence; proceeding pending since 2000; CRLMC dismissed; High Court of Orissa at Cuttack; Dr. Sanjeeb K Panigrahi.

What did the court decide?

Though Section 311 Cr.P.C. is wide, the provision requires to be exercised sparingly and should not be utilized to fill up lacunas in the case of either of the parties. ¶20

Chakradhar Biswal Vs State of Odisha — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.198 of 2026

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Chakradhar Biswal …. Petitioner(s) Ms. Sailabala Jena, K. Badhei, A. Sahu, K. Nanda, J. Jena, S. Ghosh, Adv.

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-versus-

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…. State of Odisha & Anr. Opposite Party(s) Ms. Bijayalaxmi Tripathy, ASC

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CORAM:

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HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order ORDER

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No. 19.01.2026

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1 . This matter is taken up through hybrid arrangement.

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2. In filing this CRLMC, the Petitioner has prayed for quashing the order dated 16.12.2025 passed by the learned S.D.J.M, Dhenkanal in 1CC Case No.125 of 2000 wherein the petition at the instance of the Petitioner under Section 311 of the Cr.P.C corresponding to Section 348 of the BNSS has been rejected.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Jan-2026 19:31:05

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Apart from the above, the Petitioner has also sought for a direction from this Court to the learned Court below for permitting him to recall the P.W 2 and P.W. 4 for further cross-examination due to the material discrepancy with respect to the cheque in question.

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3. Heard.

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Page 1 of 3

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4. Challenging the impugned order dated 16.12.2025, learned counsel for the Petitioner submits that though there is requirement of cross-examination of the P.Ws.2 & 4 for proper and effective adjudication of the dispute involved in this matter, the learned Court in seisin over the matter did not pay any attention to the petition at the instance of the Petitioner under Section 311 of the Cr.P.C and rejected the same. He, accordingly, prays for allowing the prayer made in this CRLMC.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Jan-2026 19:31:05

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5. Considering the submission made on behalf of the Petitioner and looking to the impugned order dated 16.12.2025 passed in the above noted 1CC Case, this Court finds that the proceeding has been pending since 2000. In the meantime, more than twenty-five years have already elapsed. It is also a well settled principle that though the provision under Section 311 of the Cr.P.C is wide, the said provision requires to be exercised sparingly and should not be utilized to fill up lacunas in the case of either of the parties. The said provision should also not be utilized for re-trial in the guise of recall of witnesses. It further appears that the said application has been filed after completion of evidence and posting of the case for argument. This Court, therefore, is of the view that allowing the petition under Section 311 of the Cr.P.C at a belated stage will only make the process of conclusion of the criminal proceeding delay

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Page 2 of 3

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which is pending since 2000. This Court, therefore, declines to entertain the prayer made in this CRLMC.

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6. This CRLMC is, accordingly, dismissed.

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(Dr. Sanjeeb K Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 20-Jan-2026 19:31:05

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Page 3 of 3

Chakradhar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chakradhar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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