Siddhachit Roy@Suddhachit Roy v. Rabindra Kumar Mallick

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.25 of 2022 Siddhachit Roy @ Suddhachit Roy ....

Petitioner Mr. Gyanaloka Mohanty, Advocate -versusRabindra Kumar Mallick .... Opposite Party CORAM: JUSTICE S.K. PANIGRAHI

ORDER

07.02.2022 Order No.

02.

1. The matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner.

3. The present CRLREV arises out of an order dated 06.01.2022 passed by the learned SDJM, Anandapur in 1.C.C. No.165 of 2013.

4. Learned counsel for the petitioner submits that the station diary indicated the cheque number as 0544357 instead of 054435. Further, he prayed before the learned SDJM, Anandapur to issue summons to the IIC, Bidanasi Police Station, for furnishing the original station diary entry No.777 dated 30.08.2012. However, the prayer was rejected since it had already been attached by the accused.

5. This is a pertinent issue and there is a mismatch between the two numbers, which can potentially affect the exact outcome of the trial. Hence, the order passed by the learned SDJM, Anandapur on 06.01.2022 in 1.C.C. No.165 of 2013 is set aside.

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6. Accordingly, the CRLREV is allowed.

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

(S.K. Panigrahi) Judge PCD