Rajeeb Lochan Choudhury v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.4216 of 2016 Rajeeb Lochan Choudhury ....

Petitioner Mr. S.S.Rao, Advocate -versusState of Orissa ....

Opp. Party Mr. S.R.Roul, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

14.10.2022 05.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Learned counsel for the State by filing the written instruction received by him from the Inspector of Police, CID, CB, Odisha, Cuttack submits that out of eleven charge sheet witnesses, five witnesses have already been examined in the trial of this case and, therefore, the order impugned in this CRLMC has attained finality. The above written instruction be kept on record.

3.

In reply, learned counsel for the petitioner submits to grant liberty to the petitioner to raise all those points which were available to him at the time of consideration of charge before the learned trial Court at the time of argument in the case since five witnesses have already been examined.

4.

In view of such submissions, without expressing any opinion on the merits of the case, this Court disposes of the CRLMC with liberty to the petitioner to raise all those points which were available to him at the time of consideration of charge, before the learned trial Court at the time of argument in the case and in such event, the learned trial Court shall do well to consider all those points in accordance with law.

// 2 // 5.

The CRLMC is accordingly disposed of.

( G. Satapathy) Judge Kishore