Benudhar Nayak vs State Of Odisha

Savitri Ratho, J

In this Criminal Revision, the order taking cognizance has been challenged. Although date of the order, the case number and the Court which has passed the order have been stated in the prayer, on perusal of the case record, it appears that on 17.12.2007, the learned S.D.J.M., Jagatsinghpur has taken cognizance of offences punishable under Sections 143/ 363/ 294/ 506/ 353/ 427 of the IPC against co-accused Prafulla Kumar Mohanty, Ashish Choudhury, Rajkishore Mati, Narayan Nayak and the present petitioner-Benudhar Nayak. By that date NBW had been issued against the petitioner. By the said order, summons had been issued to the accused persons fixing on 20.12.2007 for their appearance.

On 01.02.2008, this Court had directed the matter to be listed on 19.02.2008 and till then, the execution of NBW against the present petitioner had been stayed. Thereafter the matter had been adjourned on different dates and the interim order had been extended till 01.07.2008. Thereafter the case was listed on 12.07.2019 and had been adjourned to after one week, but the interim order had not been extended.

When the matter was listed on 05.03.2024, prayer for adjournment had been made on behalf of Mr. D. Das, learned counsel for the petitioner stating that his file had been misplaced. The case was adjourned to 12.03.2024 and the Registry had been directed to call for a report from the court of the learned S.D.J.M., Jagatsinghpur regarding the status of G.R. Case No. 454 of 2007. On 12.03.2024 as the report had not been received, so the matter was adjourned to today i.e. 15.03.2024.

Report dated 11.03.2024 has been received from the learned J.M.F.C., Tirtol who has stated that after opening of the new court of Civil Judge-cum-JMFC, Tirtol, the case record was received on transfer in the said court and out of 7 charge sheet witnesses 3 witnesses have already been examined. The informant in the case is dead and the case is posted to 19.03.2024 for service of copy of the petition filed by the learned APP on the learned defence counsel.

Today when the matter was listed Mr. Sujit Satpathy, learned counsel appearing on behalf of Mr. Debasnan Das, learned counsel for the petitioner again prays for an adjournment.

The prayer for adjournment is rejected in view of the fact that NBW had been issued against the petitioner before 17.12.2007, but he has challenged the cognizance order dated 17.12.2007 and three out of seven witnesses have already been examined. As trial has already started in the case and this Criminal Revision is pending since 2008, I am not inclined to entertain the Criminal Revision and the same is accordingly dismissed.

The learned J.M.F.C., Tirtol is directed to complete the trial by the end of June, 2024, if there is no other legal impediment.

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

......………………………….