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Orissa High CourtCRLMC/2607/2021disposed off

Raju Das@Raj Kishore Das v. Pramod Kumar Rout

2022-01-06Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2607 of 2021 Raju Das @ Raj Kishore Das ....

Petitioner Mr.S.Harichandan, Advocate

Versus

Pramod Kumar Rout ....

Opposite Party

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

30.09.2022 03.

(Through hybrid mode) I.A. No.606 of 2022 This I.A. has been filed by the petitioner for modification of the order dated 06.01.2022 to the extent of deleting the phrase/sentence 'arising out of Kujang P.S.Case No.26 of 2006' from the order. 2.

The CRLMC had been filed challenging the order dated 26.02.2007 passed by the learned S.D.J.M., Jagatsinghpur in I.C.C, Case No.54 of 2006 rejecting the application filed under Section 205 Cr.P.C. 3.

It is stated that although the case arises out of I.C.C. Case No.54 of 2006, but in paragraph-5 of the order dated 06.01.2022, the words "arising out of Kujanga P.S. Case No.26 of 2006" had been mentioned for which the petitioner has not been able to surrender in the Court below within the time fixed by this Court.

4.

Perusal of the CRLMC reveals that Kujanga P.S. case No.26 of 2006 had been earlier filed by the opposite party and ICC Case No.54 of 2006 does not arise out of Kujanga P.S. case No.26 of 2006. Hence, the

// 2 // words "arising out of Kujanga P.S. Case No.26 of 2006" appearing at paragraph-5 of the order dated 06.01.2022 should be deleted. 5.

Learned counsel for the petitioner submits that the time granted to the petitioner for surrender, in the Court of learned S.D.J.M., Jagatsinghpur in ICC No.54 of 2006 vide order dated 06.01.2022 may be extended.

6.

Considering the above submissions, the petitioner is granted further three weeks time from today to surrender before the Court of learned S.D.J.M., Jagatsinghpur in ICC Case No.54 of 2006 and move for bail.

7.

Rest of the order dated 06.01.2022 shall remain unaltered. 8.

Certified copy of the order dated 06.01.2022 if re-submitted by learned counsel for the petitioner for necessary correction may be corrected by the office.

9.

The I.A. is disposed of.

10.

Urgent certified copy of this order be granted as per rules. ............................

(Savitri Ratho) Judge Bichi