Rashmi Toppo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.208 of 2022 Rashmi Toppo ....

Petitioner Mr. Sangram Keshari Rout, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Mishra, Additional Government Advocate

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

7.4.2022 Order No.

02.

1.

Heard Mr. S.K. Rout, learned counsel for the Petitioner and Mr. S.N. Mishra, learned Additional Government Advocate for Opposite Party - State.

2.

The rejection of the prayer of the Petitioner to dispense with her personal appearance under Section 205 Cr.P.C. in G.R. Case No.257 of 2021 arising out of Koraput Town P.S. Case No.90 of 2021 registered for the offences under Sections 294/323/506/507 of I.P.C. is the subject matter of challenge in the present application. 3.

It is submitted on behalf of the Petitioner that she is a Government servant working in the office of CDPO, Bhatli in the district of Bargarh and the F.I.R. has been lodged at Koraput. Being a Government Servant difficulty arises on her part to appear before the trial court at Koraput on each date.

4.

Upon hearing Mr. Mishra, learned AGA and considering the nature of allegations as well as the fact that the Petitioner is a Government Servant working at Bargarh far away from Koraput, her

prayer for dispensing with personal appearance before the Trial Court is allowed. The impugned order dated 13th January, 2022 of the learned S.D.J.M., Koraput is set aside and the learned S.D.J.M. is directed to pass appropriate direction dispensing personal attendance of the Petitioner under Section 205 Cr.P.C. subject to such conditions to be fixed.

5.

The CRLMC is accordingly disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda