Sibaram Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.374 of 2022 Sibaram Sahu ....

Petitioner Mr. A.K. Dora, Advocate -versusState of Odisha ....

Opp. Party Mr. Rajesh Tripathy Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.09.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has challenged the order of framing charge dated 24.06.2022 passed by the learned S.D.J.M., Berhampur in G.R. Case No.1500 of 2021 under sections 498-A/323/325/506 of the Indian Penal Code.

Learned counsel for the petitioner submitted that on the day, when the petitioner appeared before the learned trial Court and was released on bail on the very day, charge was framed and therefore, the petitioner did not get any opportunity to file the

// 2 // discharge petition. It is further submitted that in the meantime, one witness has already been examined in the learned trial Court.

It appears that when the case was taken up on 24.06.2022 for consideration of the charge, the learned counsel for the accused participated in the same and no petition was filed to defer the framing of charge indicating therein that the petitioner intended to file a discharge petition. Therefore, when the evidence has already started, I am not inclined to interfere with the impugned order.

Accordingly, the CRLREV stands dismissed.

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

( S.K. Sahoo) Judge RKM