Orissa High Court
D. Anita Majhi @ Mila vs State Of Odisha And Ors. ...... Opposite ... on 9 February, 2023
Author: S. Talapatra
Bench: S. Talapatra
AFR
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No. 93 of 2022
An application under Articles 226 and 227 of the Constitution of India
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1. D. Anita Majhi @ Mila
2. Nikita Majhi @ Minati @ Bumbuli Narengeke
3. Sushanti Majhi @ Jhunu ...... Petitioners
-versus-
State of Odisha and Ors. ...... Opposite Parties
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For Petitioner : Mr. P.K. Jena, Advocate
For Opposite Parties : Mr. J. Katikia,
Addl. Government Advocate
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CORAM:
HONOURABLE MR. JUSTICE S. TALAPATRA
HONOURABLE MISS JUSTICE SAVITRI RATHO
JUDGMENT
th 9 February, 2023 S. Talapatra, J We have heard Mr. P.K. Jena, learned counsel appearing for the Petitioners as well as Mr. J. Katikia, learned Additional Government Advocate appearing for the State-
Opposite Parties.
2. By means of this petition, the Petitioners have urged this court to quash the cases catalogued under Annexure-1, 2 which are pending against the Petitioners either in the investigation stage or where the trial has been held up. A catalogue of those cases where the trial has commenced, but not concluded have been provided by the Petitioners including their status on the day of filing of the writ petition.
3. Mr. Jena, learned counsel appearing for the Petitioners in his submission has drawn our attention to similar other cases where the Petitioners have already been acquitted. He has further added that Petitioners are being hunted by the State for their social activities, non-violent and peaceful in nature. But the State has, without any foundation, considered their activities as hostile to the State and deliberately branded their activities as "extremist" which are absolutely unfounded and unsustainable. On similar allegations, several other cases were filed against the Petitioners and they have been acquitted in those cases after trial, as would be evident from the table below.
CASES IN WHICH PETITIONERS WERE ACQUITTED Sl.No. P.S. Case No. & G.R. Case Trial Court & ST Acquitted Date No. Case No. on 1 Adava P.S. No. 73/2010(C) Sessions Judge, 04.07.2016 Gajapati Paralakhemundi (81/2014) 3
2. Adava P.S. No.26 113/2010(D) Sessions Judge, 18.11.2016 Dt.12/13.05.2010 Gajapati Paralakhemundi (83/2014)
3. Mohana P.S. No.24 40/2013 Sessions Judge, 15.03.2018 Dt.11.03.2013 Gajapati Paralakhemundi (75/2014)
4. Mohana P.S. No.19 22/2014 Sessions Judge, 16.07.2018 Dated 28.02.2014 Gajapati Paralakhemundi (84/2014)
5. Mohana P.S. No.21 38/2013 Addl. Sessions 04.07.2017 Dtd.08.03.2013 Judge, Gajapati Paralakhemundi (79/2014)
6. Adava P.S No. 14 16/2010 (D) Sessions Judge, 23.06.2017 Dated 24.03.2010 Gajapati Paralakhemundi (78/2014)
7. Adava P.S No. 23 105/2010(B) Sessions Judge, 15.03.2017 Gajapati Dated 01.05.2010 Paralakhemundi (82/2014)
8. Adava P.S No. 58 221/2010(B) Sessions Judge, 17.02.2017 Dated 23.10.2010 Gajapati Paralakhemundi (80/2014)
9. Adava P.S No. 17 135/2011 Addl. Sessions 01.07.2015 Dated 20.10.2011 Judge, Gajapati Paralakhemundi (77/2014)(T)
10. Mohana P.S No. 84 250/2010(A) Sessions Judge, 22.08.2017 Dated 21 .12.2010 Gajapati Paralakhemundi (76/2014) It may be noted that the above catalogue of cases in which the Petitioners have been acquitted was prepared on the date of filing of the writ petition i.e. on 22.07.2022. The status of these cases has been updated by the affidavits filed by the parties. The updated status would be discussed later.
44. Mr. Jena, learned counsel appearing for the Petitioners has empathetically stated that the grievances of the Petitioners in nutshell are that (i) there is inordinate delay in completion of investigation and filing the police report (ii) in some cases, though the charge-sheet has been filed there is inordinate delay in taking cognizance of the offence for not submitting the sanction from the designated authority and the courts have been waiting for a long time which is not expected of the courts, (iii) in some cases, the Petitioners were not even produced before the Magistrates at regular intervals as required by the law (iv) in some cases, trial in respect of the accused commenced but the Petitioners were not produced to face the trial along with the other co-accused, (iv) in some cases, trial has begun but the cases are repeatedly adjourned for non-attendance of the prosecution witnesses and (v) the Petitioners were not informed about some cases pending against them, even though they are in the judicial custody.
According to Mr. Jena, learned counsel in some cases, this court was pleased to intervene and direct the State to produce the Petitioners, where they were not produced.
55. The decision in Hussainara Khatoon & Ors. vs. Home Secretary, State Of Bihar, Patna: AIR 1979 SC 1369 has been pressed into service. Apart that, in Paragraph-9 of the writ petition, the Petitioners have made reference to the common judgment delivered in CRLMC No.2358 of 2019 and CRLMC No.2359 of 2019, instituted by the Petitioners, where it has been observed that "the Petitioners are in the judicial custody for nearly six years and hence, the court is of the considered view that there is an urgent need and necessity to direct the concerned courts to expedite disposal of the cases and complete the trial within the stipulated time". It has been further observed in the said common order that the Petitioners continued to be detained without being produced and remanded by the concerned court below for non-availability of security escort, a phenomenon which cannot be appreciated. It has been observed that since the Petitioners are shown to have been implicated after four years from the date of the alleged incident, following the principle as enunciated in Hussainara Khatoon (supra), this court was pleased to direct the courts below, where the cases of the Petitioners were pending to enlarge them on bail taking into account the peculiar facts and 6 circumstances of the cases. It has been further directed that the court concerned shall expedite early commencement of trial and ensure its completion preferably within a period of six months and unless there is un-surmountable impediment, the Petitioners shall be released on bail on appropriate terms and conditions as deemed just and proper. The said common order dated 07.01.2022 is available at Annexure-2 to the writ petition.
6. Mr. Jena, learned counsel has submitted that the present Petitioners are in the judicial custody for over last eight years being implicated in a slew of cases. The Petitioners cannot be blamed for the said delay in progress of the trial and as such, it is the duty of the State to take all such appropriate steps to complete the trial, as expeditiously as possible in just and fair manner. To buttress his contention, Mr. Jena, learned counsel has referred to the observation made in Hussainara Khatoon (supra) by the Apex Court, which reads as follows:
"There is also one other infirmity of the legal and judicial system which is responsible for this gross denial of justice to the under-trial prisoners and that is the notorious delay in disposal of cases. It is a sad reflection on the legal and judicial system that the 7 trial of an accused should not even, commence for a long number of years. Even a delay of one year in the commencement of the trial is bad enough: how much worse could it be when the delay is as long as 3 or 5 or 7 or even 10 years, speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice. It is interesting to note that in the United States, speedy trial is one of the constitutionally guaranteed rights. The Sixth Amendment to the Constitution provides that, in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. So also Article 3 of the European Convention on Human Rights provides that, every one arrested or detained shall be entitled to trial within a reasonable time or to release pending trial."
7. Having referred to Maneka Gandhi vs. Union of India: (1978) 2 SCR 621, it has been further held in Hussainara Khatoon that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except in accordance with the procedure prescribed by law.
The procedure should be reasonable, fair and just. If a person is deprived of his liberty under a procedure which is not reasonable, fair or just, such deprivation would be violative of his fundamental right protected under Article 21 and he would 8 be entitled to enforce such fundamental right and secure his release. No procedure which does not ensure a speedy trial can be regarded as reasonable fair or just and it would play foul with the provisions of Article 21. In Hussainara Khatoon (supra) it has been further observed as follows:
"There, can, therefore, be no doubt that speedy trial, and by speedy trial we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The question which would, however, arise is as to what would be the consequence if a person accused of an offence is denied speedy trial and is sought to be deprived of his liberty by imprisonment as a result of a long delayed trial in violation of his fundamental right under Article 21. Would he be entitled to be released unconditionally freed from the charge leveled against him on the ground that trying him after an unduly long period of time and convicting him after such trial would constitute violation of his fundamental right under Article 21? That is a question we shall have to consider when we hear the writ petition on merits on the adjourned date. But one thing is certain and we cannot impress it too strongly on the State Government that, it is high time that the State Government realised its responsibility to the people in the matter of administration of justice and set up more courts for the trial of cases."9
8. In the case in hand, the Petitioners are languishing in custody for about 8 years. During their detention to their dismay, they were shown to be accused in some cases in which investigation is pending. Mr. Jena, learned counsel has emphasized that in all the similar types of cases, where the trial has been completed, the Petitioners were acquitted as there was no evidence against them. This is a ploy to keep the Petitioners behind the bars. The delay in completing the trial appears un-surmountable and the Petitioners' right enshrined under Article 21 is offended every day.
9. In Abdul Rehman Antulay and Ors. vs. R.S. Nayak and Ors. : 1992 AIR 1701, the Apex Court while delving on the right to speedy trial held that it encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial. The concerns underlying the right to speedy trial as highlighted in Abdul Rehman Antulay (supra) are as follows:
"(a) the period of remand and pre-conviction detention should be as short as possible. In other words, the accused should not be subjected to unnecessary or unduly long incarceration prior to his conviction.10
(b) the worry, anxiety, expense and disturbance to his vocation and peace, resulting from an unduly prolonged the investigation, inquiry or trial should be minimal; and
(c) undue delay may well result in impairment of the ability of the accused to defend himself, whether on account of death, disappearance or non-availability of the witness or otherwise."
10. It has been asserted that this Court in some bail petitions viz, BLAPL No.4362/2019 and BLAPL No.4363/2019 concerning the Petitioners having rejected the prayer of bail had specifically directed the trial courts to complete the trial as expeditiously as possible. The Petitioners are poor tribal ladies and they intended to improve their standard of life. To achieve their cause, they have participated in certain non-violent activism. According to Mr. Jena, learned counsel, it is the fundamental right of the Petitioners in a democracy to voice their grievances and that activism cannot be brought within the fold of criminality in the manner that has been done by the State in the cases of the Petitioners.
It reflects poorly on functioning of a democracy.
1111. Mr. J. Katikia, learned Additional Government Advocate has raised the question of maintainability of this writ petition for issuance of a writ of habeas corpus. True it is that the present writ petition cannot be entirely treated as a writ petition for a writ of habeas corpus. But in view of the various judgments, such as Hussainara Khatoon (supra) and the Common Cause vs. Union of India and others: (1996) 4 SCC 33 the detention of the Petitioners for more than 8 years is serious infringement of fundamental right to liberty. The Petitioners have approached this court for issuance of the writ of habeas corpus for their release. Mr. Katikia, learned Additional Government Advocate has relied on the decision of the Apex Court in Manubhai Ratilal Patel Tr. Ushaben vs. State of Gujarat and Ors.: (2013) 1 SCC 314, where the Apex Court held that unless the writ court is satisfied that a person has been committed to jail custody by virtue of an order that suffers from the vice of lack of jurisdiction or absolute illegality, the writ of habeas corpus cannot be issued.
12. We are of the considered view that, in this case, a writ of habeas corpus cannot be issued, but the fundamental 12 constitutional aspects, as raised by the Petitioners need our consideration.
13. The Petitioners are poor tribal ladies. They cannot be pushed to further litigation by merely accepting the technical objection raised by Mr. Katikia, learned Additional Government Advocate. We shall lay our observations later, after scrutinizing the statements and the information made available to us.
14. The State through the Opposite Party No.2 has filed an affidavit in terms of our order dated 09.09.2022, as we expressed doubt about the status of the cases pending against the Petitioners. By our order dated 09.09.2022, we directed the State to file a short affidavit. In compliance, the Opposite Parties No.2 and 3 have filed two affidavits respectively on 05.09.2022 and 08.09.2022. In those affidavits, the State has provided the status of the cases as referred in the writ petition and also the status of the investigation, wherever it is relevant.
Another affidavit has been filed by the Opposite Party No.2 on 19.10.2022 by showing the cases pending against each of the writ petitioners.
1315. For purpose of reference, the cases which are pending against the Petitioner No.2, namely, Nikita Majhi @ Minati @ Bumbuli Nrengeke from the Ganjam District are as follows:
Details of Cases Registered Against Nikita Majhi @ Minati @ Bumbuli Nrengeke In Sorada P.S. Sl. SORADA P.S. CASE GR.NO. CASE IN WHICH CASES CASES REFERENCE THE TRIAL PENDING PENDING No. COMMENCED IN THE BEFORE THE BUT IT IS NOT STAGE OF HON'BLE CONCLUDED INVESTIGA COURT TION 1 Case No.129 02/2013(A)/ Judgment on Disposed ADJ, dtd.31.12.12 ST 15.10.2022 Bhanjanagar U/s.121/120(b)/121- No.136/18 A/124-A/435 IPC/7 CRLA Act -1982/17 CRLA Act-1908/Sec.3 the young persons harmful publication Act-1956
2. Case No.95 No.145/11- Judgment closed on Disposed ADJ, dtd.12.11.2011 A/ST 13.09.2022 Bhanjanagar U/s.10/16/18/20 UAP No.135/18 Act/Sec.4 & 5 of Explosive Substance Act
3. Case No.123 No.199/12- Judgment on Disposed ADJ, dtd.22.12.2012 A/ST 14.09.2022 Bhanjanagar U/s.307/34/121/120-B No.134/18 IPC/16/18/18-A/20 UAP Act./4 & 5 Explosive Substance Act
4. Case No.128 No.01/13- Judgment on Disposed ADJ, Dtd.31.12.2012 A/ST 14.10.2022 Bhanjanagar U/s.121/120-B/121- No.137/18 A/124-A/435 IPC/7 CRLA Act.- 1932/17 CRLA Act-1908/Sec.3 The young persons harmful publication Act-1956
5. Case No.106 No.164/11- (Total 15 Witness) Trial Stage ADJ, Dtd.21/12/2011 A/ST No witnesses Bhanjanagar U/s.144/148/149/435/IP No.56/20 examined C/7 CRLA Act-1932/17 CRLA Act 1908/16/17/18/20 UAP Act-2008/25(1-B) Arms Act./Sect.3 The young persons harmful publication Act-1956/3 & 4 Explosive Substance Act 14 The cases registered against the Petitioner No.2 in Badagada P.S. as per statement made by the Opposite Party No.2 are as follows:
Details of Cases Registered Against Nikita Majhi @ Minati @ Bumbuli Nrengeke In Badagada P.S. Sl.No. BADAGADA GR. CASE IN WHICH CASES CASES P.S. CASE NO. THE TRIAL PENDING PENDING REFERENCE COMMENCED IN THE BEFORE BUT IT IS NOT STAGE OF THE COCLUDED INVESTIG HON'BLE ATION COURT
1. Case No.18 No.27/2 The case has been The case is ADJ, dtd.22.02.2010 010 split up into ST- under trial Bhanjanagar U/s.121/121/A/1 87/16,162/17,133/ 20-B/124-A/34 18,131/15,100/20 IPC/Sec.19/13/1 in the case Total 6/18-A UAP 16 No. of Act/Sec.3 & 4 witnesses are E.S. Act examined out of
16 witness ST-
87/16 (2 nos.) ST-
162/17 (4 nos.), ST-133/18(7nos), ST-131/15 (4 nos), ST-100/20 (15 Nos. witness not been examined till now
2. Case No.06 No.164/ The case has been The case is ADJ, Dtd.24.01.2011 11A/ST- split up into ST- under trial Bhanjanagar U/s.120- 56/20 86/16, B/121/121- 61/17,132/15,99/2 A/124-A/Sec.7 0 in the case Total CRLA 14 No. witnesses Act/Sec.10/16/1 are examined but 8-A/13/20/39/40 in ST No.86/16 (1 UAP Act. nos.), ST-132/15 (1 nos), ST-99/20 (16 Nos.) of witness are to be examined
3. Case No.28 No.54/ The charges No. ADJ, Dtd.30.04.2012 12 against the accused witnesses Bhanjanagar U/s.307/292 persons have been have been IPC/16/18/20 framed on examined UAP Act./7 & 17.01.2022 till date 17 CRLA Act./Sect.25 (1- B(a)/27 Arms 15 Act./Sec.3 The young persons harmful publication Act-
1956/3 & 4 Explosive Substance Act
4. Case No.4 No.06/ The case is under The case ADJ, Dtd.19.01.2011 11 trial has been Bhanjanagar U/s.120- splitted up B/121/121- into A/435/379/149 ST.53/20,55 IPC/Sec.17 of /20,08/21,3 CRLA 7/21,94/20, Act./Sec.10/13/1 Total 16 6/18-A/20/39/40 Nos. of of UAP Act. Witnesses Examined 02 More witnesses have not been examined
5. Case No.45/13 No.66/ The case is under -- ADJ, Dtd.14/04/2013 2013 trial Bhanjanagar U/s.120- B/121/121- A/122/124- A/307 IPC/Sec.25(1- B)(a)/27 Arms Act/Sec.3&4 E.S. Act./Sec.3 The young persons harmful publication Act-
1956/3 & 4 Explosive Substance Act
6. Case No.05 No.07/2 Judgment Judgment ADJ, Dtd.19.01.2011 011 has been Bhanjanagar U/s-120- pronounced B/121/121- on A/124- 19.08.2022 A/435/436 IPC and the accused persons are found not guilty 16
16. So far as the Petitioner No.3, namely, Sushanti Majhi @ Jhunu is concerned, it has been informed by the State that the following cases are pending in the Badagada P.S. DETAILS OF CASES REGISTERED IN BADAGADA P.S. Sl.No. BADAGADA P.S. GR. CASE IN WHICH CASES CASES CASE REFERENCE NO. THE TRIAL PENDING PENDING COMMENCED IN THE BEFORE BUT IT IS NOT STAGE OF THE COCLUDED INVESTIGA HON'BLE TION COURT 1 Case No.18 No.27/ The case has been The case is ADJ, dtd.22.02.2010 split up into ST- under trial Bhanjanagar U/s.121/121/A/120- 2010 87/16,162/17,133/1 B/124-A/34 8,131/15,100/20 in IPC/Sec.19/13/16/18- the case Total 16 A UAP Act/Sec.3 & No. of witnesses are 4 E.S. Act examined out of 16 witness ST-87/16 (2 nos.) ST-162/17 (4 nos.), ST-
133/18(7nos), ST-
131/15 (4 nos), ST-
100/20 (15 Nos.
witness not been examined till now
2. Case No.06 No.16 The case has been The case is ADJ, Dtd.24.01.2011 4/11A splitted up into ST- under trial Bhanjanagar U/s.120-B/121/121- /ST- 86/16, A/124-A/Sec.7 56/20 61/17,132/15,99/20 CRLA in the case Total 14 Act/Sec.10/16/18- No. witnesses are A/13/20/39/40 UAP examined but in ST Act. No.86/16 (1 nos.), ST-132/15 (1 nos), ST-99/20 (16 Nos.) of witness are to be examined
3. Case No.28 No.54/ The charges against No. ADJ, Dtd.30.04.2012 12 the accused persons witnesses Bhanjanagar U/s.307/292 have been framed have been IPC/16/18/20 UAP on 17.01.2022 examined till Act./7 & 17 CRLA date Act./Sect.25 (1- B(a)/27 Arms Act./Sec.3 The young persons harmful publication Act-1956/3 & 4 Explosive Substance 17 Act
4. Case No.4 No.06/ The case is under The case has ADJ, Dtd.19.01.2011 11 trial been splitted Bhanjanagar U/s.120-B/121/121- up into A/435/379/149 ST.53/20,55/ IPC/Sec.17 of CRLA 20,08/21,37/ Act./Sec.10/13/16/18 21,94/20,
-A/20/39/40 of UAP Total 16 Nos.
Act. of Witnesses
Examined 02
More
witnesses
have not
been
examined
5. Case No.45/13 No.66/ The case is under -- ADJ,
Dtd.14/04/2013 2013 trial Bhanjanagar
U/s.120-B/121/121-
A/122/124-A/307
IPC/Sec.25(1-
B)(a)/27 Arms
Act/Sec.3&4 E.S.
Act./Sec.3 The
young persons
harmful publication
Act-1956/3 & 4
Explosive Substance
Act
6. Case No.05 No.07/ Judgment Judgment has ADJ,
Dtd.19.01.2011 U/s- 2011 been Bhanjanagar
120-B/121/121- pronounced
A/124-A/435/436 on
IPC 19.08.2022
and the
accused
persons are
found not
guilty
17. By a separate affidavit filed by the Opposite Party No.3, it has been stated that the Petitioner No.2 is involved in 22 cases of Gajapati district and the charge-sheets have been filed in all those cases and out of those 22 cases, the Petitioner No.2 has been acquitted in 09 cases and 13 cases are pending for trial. Those are described in two tables below:
18Cases where acquittal has been ordered 1 44/10 Adava PS Case No.14. dtd. 24.03.2010, Acquittal 68/10 147/148/435/120(B)/ 121/121(A)/124(A)/427/149 IPC /25 Arms Act/17 Cr.L.A. Act/10/13 of U.A. (P) Act 2 47/10 Adava PS Case No.15. dtd. 25.03.2010, Acquittal 147/148/435/120(B)/ 73/10 121/121(A)/124(A)/427/149 IPC /17 Cr.L.A. Act/10/13 of U.A. (P) Act/3 P.D.P.P. Act
3. 54/10 Adava PS Case No.23. dtd. 01.05.2010 Acquittal 105/10 u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3 & 4 E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A. Act 4 58/10 Adava PS Case No.26. dtd. 12.05.2010, Acquittal 221/10 147/148/302/395/120(B)/121/121(A)/124(A)/149 IPC/25/27 Arms Act/17 Cr.L.A Act/10/13/16/18/20 of U.A. (P) Act.
5. 86/10 Adava PS Case No.58. dtd. 23.10.2010, Acquittal 221/10 120(B)/121/121(A)/124(A) IPC/25/27 Arms Act/17 Cr.L.A Act/10 &13 U.A. (P) Act.
6. 92/10 Mohana PS Case No.84 dt. 21.12.10 Acquittal U/s.147/148/342/120(B)/121/121(A)/436/506/149 IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 U.A. (P) Act
7. 67/11 Adava PS Case No.37. dtd. 20.10.2011 U/s. Acquittal 147/148/120(B)/121/121(A)/124(A)/149 IPC/17 Cr.L.A Act/16/18 of U.A. (P) Act.
8. 22/13 Mohana PS Case No.24 dtd. 11.03.2013 Acquittal U/s.147/148/307/120(B)/121(A)/124 (A)149 IPC/25/27 Arms Act/17 Cr.L.A. Act/16,18,20,23,38 of U.A. (P) Act
9. 22/14 Mohana PS Case No.19 dtd. 28.02.2014 Acquittal U/s.147/148/120(B)/121/121(A)/124(A) 149 IPC/17 Cr.L.A. Act/25/ Arms Act/4(b)9i)/5(a) E.S. (Amendment) Act, 2001/17/18/18(a)/20/23(1) U.A. (P) Act Cases where trial is pending against the Petitioner No.2 have been provided in a table:
1. 10/09 Adava PS Case No.7 Dt.16.02.09 u/s.121/121- Charge 29/09 A/124(A)/307/427/332/333 IPC/25/27 Arms Act/3 & sheeted 4 E.S. Act/17 Cr.L.A. Act/10/13 U.A.(P) Act /pending trial
2. 101/09 Adava PS Case No.43. dtd. 28.12.09, Charge 260/09 u/s.147/148/435/120(B)/ sheeted 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending 19 Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
3. 102/09 Adava PS Case No.44. dtd. 28.12.2009, Charge 261/09 u/s.147/148/435/120(B)/ sheeted 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
4. 103/09 Adava PS Case No.45. dtd. 28.12.2009, Charge 262/09 u/s.147/148/435/120-B/ sheeted 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending Cr.L.A. Act/10/13 U.A. (P) Act/ 3 P.D.P.P. Act trial
5. 104/09 Adava PS Case No.46. dtd. 28.12.2009, Charge u/s.147/148/435/120-B/ sheeted 263/09 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending Cr.L.A. Act/3 P.D.P.P. Act/ 10/13 U.A. (P) Act trial
6. 105/09 Adava PS Case No.47. dtd. 30.12.2009, Charge 264/09 u/s.147/148/435/120-B/ sheeted 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending Cr.L.A. Act/10/13 U.A. (P) Act trial
7. 87/10 Adava PS Case No.63. dtd. 05.11.2010, Charge 233/10 u/s.147/148/120(B)/ sheeted 121/121(A)/124(A)/149 IPC /25/27 Arms Act/ 17 /pending Cr.L.A. Act/10 &13 U.A. (P) Act trial
8. 03/11 Adava PS Case No.01. dtd. 10.01.2011, Charge 2/11 u/s.147/148/435/427/120(B)/ sheeted 121/121(A)/124(A)/283/149 IPC /25/27 Arms Act/ /pending 17 Cr.L.A. Act/10 &13 U.A. (P) Act, 3 PDPP Act. trial
9. 53/12 Mohana PS Case No.40. dtd. 22.06.2012, Charge 99/12 u/s.120(b)/121/121(a)/124(A)/468 IPC/17 Cr.L.A. sheeted Act/16/18/20 UAP Act /pending trial 10 118/12 Mohana PS Case No.71. dtd. 19.11.2012, Charge 184/12 u/s.120(b)/121/121(a)/124(a) IPC/17 Cr.L.A. sheeted Act/25/27/ Arms Act/3 & 4 E.S. Act/16/18/20 UAP /pending Act trial
11. 120/12 Mohana PS Case No.73 dtd. 05.12.2013 Charge 191/12 u/s.120(B)/121/121(A)/124 (A)/153(B) IPC/17 sheeted Cr.L.A. Act /25 Arms Act/3 & 4 E.S. Act /pending /16,18,20,38 of U.A. (P) Act trial 12 21/13 Mohana PS Case No.21 dtd. 8.3.2013 Charge 38/13 u/s.147/148/307/386/364/368/120(B)/121/121(A)/124 sheeted (A)/153(B) /149 IPC/25/27 Arms Act/16,18,18-A,23 /pending of U.A. (P) Act trial
13. 117/12 Mohana PS Case No.69 dtd. 14.11.2012 Charge u/s.147/148/307/120(B)/121(A)/124 (A)/153(B) /149 sheeted IPC/25/27 Arms Act/17 (2) Cr.L.A. Act/3& 4 E.S. /pending Act/16/19/20 U.A. (P) Act trial
18. So far as the Petitioner No.3 is concerned, she is involved in 15 cases and the charge sheets have been 20 submitted in all these cases. Out of 15 cases, she has been acquitted in 05 cases and 10 cases are still pending for trial.
The details of the cases where the Petitioner No.3 has been acquitted are given in a table below:
LIST OF ACQUITTAL CASES
1. Mohahana PS Case No.21 . Dtd. 8.03.2013 Acquittal u/s.147/148/307/386/364/368/120(B)/121/121(A)/124( A)/153(B)/149 IPC/25/27 Arms Act/16,18,18-A, 23 of UAP Act
2. Mohahana PS Case No.84 . Dtd. 21.12.10 Acquittal u/s.147/148/342/120(B)/121/121(A)/436/506/149 IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 of U.A.(P) Act
3. Adava PS Case No.37 Dtd. 20.10.2011 Acquittal u/s.147/148/120(B)/121/121(A)/124(A) 149 IPC/17 Cr.L.A. Act/16/18 of U.A.(P) Act
4. Mohahana PS Case No.24 dtd. 11.3.2013 Acquittal u/s.147/148/307/120(B)/121(A)/124(A)/149 IPC/25/27 Arms Act/17 Cr.L.A. Act/16,18,20,23,38 of UAP Act
5. Mohahana PS Case No.19 dtd. 28.02.2014 Acquittal u/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/17 Cr.L.A. Act /25 Arms Act/4(b)(i)/5(a) E.S. (Amendment) Act, 2001/17/18/18(a)/20/23 (1) UAP Act
19. In the affidavit filed by the Opposite Party No.3, the list of cases pending for trial against the Petitioner No.3 has been disclosed in the form of a table, which is reproduced below:
LIST OF CASES PENDING TRIAL 1 Adava PS Case No.14. dtd. 24.03.2010, Charge 147/148/435/120(B)/ sheeted 121/121(A)/124(A)/427/149 IPC /25 /Pending Arms Act/17 Cr.L.A. Act/10/13 of U.A. (P) Act (SR Trial No.44/10) 21 2 Adava PS Case No.15. dtd. 25.03.2010, Charge 147/148/435/120(B)/ sheeted 121/121(A)/124(A)/427/149 IPC /17 Cr.L.A. Act/10/13 /Pending of U.A. (P) Act/3 P.D.P.P. Act Trial
3. Adava PS Case No.23. dtd. 01.05.2010 Charge u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3 & 4 sheeted E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A. Act /Pending Trial 4 Adava PS Case No.26. dtd. 12.05.2010, Charge 147/148/302/395/120(B)/121/121(A)/124(A)/149 sheeted IPC/25/27 Arms Act/17 Cr.L.A Act/10/13/16/18/20 of /Pending U.A. (P) Act. Trial
5. Adava PS Case No.63. dtd. 05.11.2010, Charge u/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/25 & sheeted 27 Arms Act/17 Cr.L.A Act/10 &13 U.A. (P) Act. /Pending Trial
6. Adava PS Case No.01. dtd. 10.01.2011, Charge u/s.147/148/435/427/120(B)/121/121(A)/124(A)/283/149 sheeted IPC/25 Arms Act/17 Cr.L.A Act/10 /13 U.A. (P) Act, 3 /Pending PDPP Act Trial
7. Mohana PS Case No.40 dtd. 22.06.2012 Charge U/s.120(b)/121(a)/124 (A)/468 IPC/17 Cr.L.A. sheeted Act/16/18/20 of U.A. (P) Act /Pending Trial
8. Mohana PS Case No.71 dtd.19.11.12 u/s. Charge 120(b)/121/121(a)/124 (a) IPC/17 Cr.L.A. Act/25/27 sheeted Arms Act/3 &4 E.S. Act/16/18/20 of U.A. (P) Act /Pending Trial
9. Mohana PS Case No.73 dtd.05.12.2012 u/s. Charge 120(B)/121(A)/124 (A)/153(B) IPC/17 Cr.L.A. Act/25 sheeted Arms Act/3 &4 E.S. Act/16,18, 20, 38 of U.A. (P) Act /Pending Trial
10. Mohana PS Case No.69 dtd.14.11.12 u/s. Charge 147/148/307/120(B)/121(A)/124 (A)/153(B) /149 IPC/25 sheeted /27 Arms Act /17(2) Cr.L.A. Act/ 3 &4 E.S. /Pending Act/16/19/20 of U.A. (P) Act Trial
20. So far as the Petitioner No.1 is concerned, it has been stated that, she is involved in 06 cases under the Sorada P.S. and 06 cases under the Badagada P.S. of Ganjam district. The list of those cases has been provided in two separate tables, which are reproduced hereunder:22
Details of cases registered against the Petitioner No.1 in Sorada P.S. and their status Sl.No. Sorada PS Case GR No. Case in Cases Cases reference which the pending in pending trial the stage of before the commenced Investigation Hon'ble but it is not Court concluded
1. Sorada PS Case 02/13(A) Pending for Trial stage ADJ, No.129 dtd.31.12.12 I.Os Bhanjanagar U/s.121/120(B)/121- deposition A/124-A/435 IPC/7 Cr.LA Act -1932/17 Cr.LA Act-
1908/Sec.3 The young persons (Harmful Publication Act-
19562. Sorada P.S.Case 145/11(A) Pending for Trial stage ADJ, No.95 I.Os Bhanjanagar dtd.12.11.2011 deposition U/s.10/13/16/18/20 UAP Act/Sec.4 & 5 of Explosive Substance Act
3. Sorada P.S. Case 199/12(A) I.O./witness Argument ADJ, No.123 examination Bhanjanagar dtd.22.12.2012 completed U/s.307/34/121/120- B IPC/16/18/18- A/20 Unlawful Activities Prevention Act, 2008/4 & 5 Explosive Substance Act
4. Sorada P.S. Case 01/13(A) Pending for Trial stage ADJ, No.128 I.Os Bhanjanagar dtd.31.12.2012 deposition U/s.121/120-B/121- A/124-A/435 IPC/7 Cr.L.A. Act, 1932/17 Cr.L.A. Act, 1908/ Sec.3 The Young persons (Harmful Publication Act 1956)
5. Sorada P.S. Case 31/11 Charge yet Charge yet ADJ, No.21 to be to be framed Bhanjanagar dtd.01.04.2011 framed U/s.121/121-A//124- A/395 IPC/7 Cr.L.A. Act, 1932/17 23 Cr.L.A. Act, 1908/ Sec.10/13/16/18- A/20 Unlawful Activities Prevention Act, 2008/ Sec.25(1-
b)/27 Arms Act.
6. Sorada P.S. Case 164/11(A) Pending for Trial stage ADJ, No.106 I.Os. Bhanjanagar dtd.21.12.2011 deposition U/s.144/148/149/435 IPC/7 Cr.L.A. Act-
1932/17 Cr.L.A. Act 1908/16/17/18/20 Unlawful activities amendment Prevention Act 2008/25 (1-B) Arms Act/Sect 3 young persons harmful publication Act 1956 & Sec 3 & 4 Explosive Substance Act Details of cases registered against the Petitioner No.1 in Badagada PS and their status Sl. Case reference with GR Case Case in which Case pending No. sec. of law No. the trial in the stage commenced but of it is not investigation concluded
1. Badagada P.S. Case GR The charges Case is No.28 dtd.30.04.2012 No.54/12 against the pending U/s.307/292 IPC/R.E. accused before the Sec.16/18/20 UAP persons of this Hon'ble Act/Sec.25(1-B)(a) & case have been court of 27 Arms Act/Sec.3 of framed on Addl.
Young Persons harmful 17.01.2022. No District cum
publication Act- witnesses have Sessions
1956/41 RWP Act/67 been examined Judge,
IT Act till now. Bhanjanagar
2. Badagada PS Case 66/2013 The case has
No.45 dtd.14.04.2013 not yet been
U/s.120(B)/121/121(A) committed to
/122/124(A)/307 the Hon'ble
IPC/Sec.25(1-B)(a)/27 ------ court of
Arms Act/Sec.3/4 of Session from
E.S. Act/Sec.3 of the Hon'ble
Young Persons harmful Court of
publication Act-1956 JMFC
24
Sorada
3. Badagada PS Case 27/2010 The case is Case is
no.18/2010 under trial. The pending
dtd.22.02.2010 case has been before
U/s.121/121(A)/120(B) splitted up into Hon'ble
/124(A)/34 ST- court of
IPC/Sec.19/13/16/18(A 87/16,162/17,1 Addl.
) UAP Act/Sec.3 & 4 33/15,100/20. District cum E.S. Act. In the case total Sessions number of Judge, witnesses are Bhanjanagar
16. Out of 16 witnesses, in ST-87/16 (02 nos), in ST-
162/17 (04 nos), in ST-
133/18, (07 nos), in ST-
131/15 (04 nos) and in ST-
100/20 (15 nos) witnesses have not been examined till now.
4. Badagada P.S. Case 06/2011 The case is No.04 dtd.19.01.2011 under trial. The U/s.120(B)/121/121(A) case has been /435/379/149 IPC/Sec- splitted up into 17 of CRL.L A. ST-53/20, Act/Sec- 55/20, 08/21, 10/13/16/18(A)/20/39/ 37/21 and 40 of UAP Act 94/20. Total number of witnesses of the -Do-
case is 16. In all the splited cases 02 more witnesses have not been examined till now
5. Badagada PS Case 07/2011 The trial of the No.05 dtd.19.01.2011 case is over and U/s. the judgment 120(B)/121/121(A)/12 has been 4(A)/435/427 IPC pronounced on 19.08.2022 that the accused persons are found not guilty.
256. Badagada PS Case 13/2011 The case is Case is No.06 dtd.24.01.2011 under trial. The pending U/S. case has been before the 120(B)/121/121(A)/12 splitted up into Hon'ble 4(A) ST- court of IPC/Sec.10/16/18(A)/1 86/16,61/17,13 Addl. 3/20/39/40 UAP Act 2/15 and 99/20. District cum There are total Sessions 14 witnesses in Judge, the case. But in Bhanjanagar ST-86/16 (one), ST-61/17 (two nos), in ST-
132/15 (one) and in ST-
99/20 (16 nos.) of witnesses are to be examined But the Opposite Party No.3 in the affidavit dated 05.09.2022 has stated that there is no information that the Petitioners No.2 and 3 have been implicated in those cases.
21. Another affidavit has been filed by the Opposite Party No.3 on 08.09.2022. According to us, this is the upgraded list so far as the Petitioner No.1 is concerned. It has been clearly stated therein that out of 15 cases registered against her, she has been acquitted in 07 cases being Adava P.S. Case No.14/10, Adava P.S. Case No.15/10, Mohana P.S. Case No.21/13, Mohana P.S. Case No.84/10, Adava P.S. Case No.37/11, Mohana P.S. Case No.24/13 and Mohana P.S. Case No.19/14. For purpose of better reference we quote the 26 Paragraph-5 of the said affidavit filed by the Opposite Party No.3:
"5.That the petitioner has provided the list of cases where the petitioner is involved. Out of 15 cases, in 07 cases trial have been concluded where the petitioner has been acquitted which are as follows:
(1) Adava PS Case No.14, dtd.24.03.2010, 147/148/435/120(B)/121/121(A)/427/149 IPC/25 Arms Act/17 Cr.L.A. Act/10/13 of U.A.(P) Act.
(2) Adava PS Case No.15, dtd.25.03.2010, 147/148/435/120(B)/121/121(A)/124(A)/427/149 IPC/17 Cr.L.A. Act/10/13 of U.A. (P) Act/3 P.D.P.P. Act.
(3) Mohana P.S. Case No.21 dtd.8.3.2013 u/s.147/148/307/386/364/368/120(B)/121/121(A)/124( A)/153(B)/149 IPC/25/27 Arms Act/16,18,18-A,23 of UAP Act.
(4) Mohana P.S. Case No.84 Dt.21.12.10 U/s.147/148/342/120(B)/121/121(A)/436/506/149 IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13 U.A.(P) Act.
(5) Adava P.S. Case No.37 dtd.20.10.11 U/s.147/148/120(B)/121/121(A)/124(A)/149 IPC 17 Cr.LAAct/16/18 of U.A. (P) Act. (The Adava Ps Case No.17/2011 has been wrongly mentioned instead of Adava PS case No.37/2011 and Adava PS Case No.17/2011 has been registered U/s.47(a) B & O Excise Act.27
(6) Mohana PS Case No.24 dtd.11.3.2013 U/s.
147/148/307/120(B)/121(A)/124(A)/149 IPC/25/27 Arms Act/17 Cr. L.A. Act/16,18,20,23,38 of UAP Act.
(7) Mohana P.S. Case No.19 dtd.28.02.2014 U/s. 147/148/120(B)/121/121(A)/124(A)/149 IPC/17 Cr.L.A. Act/25 arms Act/4 (b) (i)/5 (a) E.S. (Amendment ) Act, 2001/17/18/18(a)/20/23(1) U.A. (P) Act."
In respect of other 08 cases, the Opposite Party No.1 has stated in Paragraph-6 of the said affidavit dated 08.09.2012 as follows:
"6. It is submitted that out of 15 cases, 08 (eight) cases are still pending in the Hon'ble Courts which are as follows:
(1) Adava PS Case No.23, dtd.01.05.10 u/s.120(B)/121/124(A)/149 IPC/25 Cr.L.A. Act/3 & 4 E.S. Act/10/13 of U.A. (P) Act/17 Cr.L.A. Act.
(2) Adava PS Case No.26 dtd.12.05.2010, 147/148/302/395/12(B)/121/121(A)/124(A)/149 IPC/25/27 Arms Act/17 Cr.L.A. Act/10/13/16/18/20 of U.A. (P) Act.
(3) Adava PS Case No.63, dtd.05.11.2010, U/s.147/148/120(B)/121/121(A)/124(A)/149 IPC/25 &27 arms Act/17 Cr.L.A. Act/10 & 13 UA (P) Act. (4) Adava PS Case No.01 Dt.10.01.2011 u/s.
147/148/435/427/120(B)/121/121(A)/124(A)/283/149 28 IPC/25 Arms Act/17 Cr.L.A. Act/10 /13 UA (P) Act, 3 PDPP Act.
(5) Mohana PS Case No.40, dtd.22.06.2012 u/s. 120(b)/121/121(a)/124(A)/468 IPC/17 Cr.L.A. Act/16/18/20 UAP Act.
(6) Mohana PS Case No.71, dtd.19.11.12 u/s. 120(b)/121/121(a)/124(a) IPC/17 Cr.L.A. Act/25/27 Arms Act/ 3& 4 E.S. Act/16/18/20 UAP Act.
(7) Mohana PS Case No.73, dtd.05.12.2012 u/s. 120(B)/121/121(A)/124(A)/153(B) IPC/17 Cr.L.A. Act/25 Arms Act/ 3& 4 E.S. Act/16,18,20,38 of UAP Act.
(8) Mohana PS Case No.69, dtd.14.11.12 u/s. 147/148/307/120(B)/121(A)/124(A)/153(B)/149 IPC/25/27 Arms Act/17(2) Cr.L.A. Act/3& 4 E.S. Act/16/19/20 of UAP Act."
It has been categorically stated that in other 07 cases, no charge-sheet has been filed against the Petitioner No.1. For this purpose, we would reproduce Paragraph-7 of the affidavit dated 08.09.2022.
"7. That on verification, it is found that the Charge-sheet has not been submitted against the Petitioner No.1, D. Anita Majhi @ Mila in the following cases:29
Sl. No. Case Reference G.R. No. Remarks 01 Adava P.S. Case 29/2009 C.S. has been submitted Vide No.29 No.7 Dtd.22.06.2013 against accused Dtd.16.12.2009 Johan Raita & 33 others, Where C.S. has not been submitted against the petitioner.
02 Adava P.S. Case 260/2009 C.S. has been submitted Vide No.24 No.43 Dtd.20.06.2013 against accused Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58 others, Where C.S. has not been submitted against the petitioner. 03 Adava P.S. Case 261/2009 C.S. has been submitted Vide No.25 No.44 Dtd.20.06.2013 against accused Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58 others, where C.S. has not been submitted against the petitioner. 04 Adava P.S. Case 262/2009 C.S. has been submitted Vide No.26 No.45 Dtd.20.06.2013 against accused Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58 others, where C.S. has not been submitted against the petitioner. 05 Adava P.S. Case 263/2009 C.S. has been submitted Vide No.27 No.46 Dtd.20.06.2013 against accused Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58 others, where C.S. has not been submitted against the petitioner. 06 Adava P.S. Case 264/2009 C.S. has been submitted Vide No.28 No.47 Dtd.20.06.2013 against accused Dtd.28.12.2009 Ladan @ Prahalad Majhi & 58 others, where C.S. has not been submitted against the petitioner. 07 Adava P.S. Case 221/2010 C.S. has been submitted Vide No.61 No.58 Dtd.31.12.2013 against accused Dtd.23.10.2010 Afira Badamajhi & 14 others, where C.S. has not been submitted against the petitioner.
22. Thus, it has been also asserted that on thorough examination and verification of all cases which are pending or where trial has already been completed, no such information is available about complicity of the other two Petitioners, namely, Nikita Majhi @ Minati @ Bumbuli Narengeke [the Petitioner No.2] and Sushanti Majhi @ Jhunu [ the Petitioner No.3]. Therefore, we can safely hold 30 that against the Petitioners No.2 and 3 there are no cases where the investigation is pending. Even against the Petitioner No.1, there is no case is pending in the investigation stage.
23. The Petitioners have also filed an updated statement in response to the affidavits filed by the Opposite Parties, as referred before. For purpose of reference, we reproduce their said statement, which has been filed by an affidavit dated 10.10.2022:
PARTICULAR OF THE CASES IN WHICH ORDER DATED 07.01.2022 HAS BEEN PASSED BY THIS HON'BLE COURT IN CRLMC NO.2358/2019 & CRLMC NO.2359/2019 Sl. P.S. Case No GR Case Trial Court & ST Present status and No. & date No Case No. Remark
1. Badagada P.S 6/2011 Addl. Sessions Though the No.4 dated Judge, Hon'ble Court 19.01.2011 Bhanjanagar vide order dated 07.01.2022 directed to complete trial within 6 months and in any case not later than 31.10.2022 but for absence of the I.O in the last 3 case dates for his examination, trial has not completed yet.
2 Badagada P.S 7/2011 Addl. Sessions Petitioners were
No.5 dated Judge, acquitted vide
Bhanjanagar judgment dated
(58/2020) 16.08.2021 by
Ld. ADJ,
Bhanjanagar
31
CASES IN WHICH PETITIONERS WERE ACQUITTED Sl.No. P.S Case No. GR Case Trial Court & Acquitted on No. ST Case No. Sessions Judge, 04.07.2016 Gajapati 1 Adava P.S No. 73/2010(C) paralakhemundi (81/2014) Sessions Adava P.S No. Judge,Gajapati 26 Dated 2 113/2010(D) paralakhemundi 18.11.2016 12/13.05.2010 (83/2014)
3. Mohana P.S No. 40/2013 Sessions 15.03.2018
24 Dated Judge,Gajapati 11.03.2013 paralakhemundi (75/2014) 4. Mohana P.S No. 22/2014 Sessions 19 Judge,Gajapati Dated 16.07.2018 paralakhemundi 28.02.2014 (84/2014)
5. Mohana P.S No. Addl.Sessions 21 Judge,Gajapat Dated 38/2013 paralakhemundi 04.07.2015 08.03.2013 (79/2014)
6. Adava P.S No. 16/2010 (D) Sessions 23.06.2017 14 Judge,Gajapati Dated paralakhemundi 24.03.2010 (78/2014)
7. Adava P.S No. 105/2010 Sessions 15.03.2017 23 Judge,Gajapati Dated paralakhemundi 01.05.2010 (82/2014)
8. Adava P.S 221/2010(B) Sessions 17.02.2017 No. 58 Judge,Gajapati Dated paralakhemundi 23.10.2010 (80/2014)
9. Adava P.S No. 135/2011 Addl.Sessions 01.07.2015 17 Judge,Gajapat Dated paralakhemundi 20.10.2011 (77/2014)(T)
10. Mohana P.S No. 250/2010 Sessions 22.08.2017 32 84 (A) Judge,Gajapati Dated paralakhemundi 21.12.2010 (76/2014)
11. Badagada P.S 7/2011 Addl. Sessions Petitioners were No. 5 Judge, acquitted vide Dated Bhanjanagar judgment dated (58/2020) 16.08.2022 by Ld. ADJ Banjanagar
12. Sorada P.S No. 199/2012 Addl. Sessions All the petitioners 123 (B) Judge, were acquitted Dated Bhanjanagar vide judgment 22.12.2012 (134/2018) dated 13.09.2022
13. Sorada P.S. 145/2011(B) Addl. Sessions All the petitioners No.95 Dated Judge, were acquitted 12.11.2011 Bhanjanagar vide judgment (135/2018) dated 14.09.2022 CASES IN WHICH TRIAL COMMENCED BUT NOT CONCLUDED Sl. P.S Case No. & GR Case Trial Court & Present No. Date No. ST Case No. Status
1. Bhanjanagar P.S 57(A)/2011 Addl. Trial No. 18 Dated Sessions Commenced 21.01.2011 Judge, one PW Bhanjanagar examined (87/2020)
2. Badagada P.S case 13/2011 Addl. No witness No. 6 Dated Sessions examined Judge, Bhanjanagar (69/2020)
3. Badagada P.S case 27/2010(B) Addl. 7 PWS No. 18 Dated Sessions examined 22.02.2010 Judge, trial Bhanjanagar adjourned (133/2018) for non turning of I.O in last 3 cases dates.
4. Badagada P.S 6/2011 Addl. For non case No. 4 Dated Sessions examination 19.01.2011 Judge, of 1.0 and Bhanjanagar informant (53/2020) trial could 33 not progress in last 3 dates. Other witnesses already examined
5. Badagada P.S 54/2012 Addl. No Case No. 28 Sessions witnesses Dated Judge, examined 30.04.2012 Bhanjanagar (59/2020)
6. Sorada P.S. Case 31/2011(B) Addl. Charge No.21 Dated Sessions framed on 01.04.2011 Judge, 13.09.2022, Bhanjanagar no witness (59/2020) examined
7. Soroda P.S. Case 164/2011(A) Addl. No witness No.106 Dated Sessions examined 21.12.2011 Judge, Bhanjanagar (56/2020) PENDING BEFORE JMFC SORODA Sl. No. P.S. Case No. GR Case Trial Court Present & Date No. & ST Case status No.
1. Badagada P.S. 66/2013 C.S. Not Produced Case No.45 filed before JMFC Dated Soroda 14.04.2013
2. Badagada P.S. 52/2014 C.S. Not Produced Case filed before JMFC No.22/2014 Soroda PENDING BEFORE JMFC MOHANA Sl. P.S. Case GR Case Trial Court & ST Present Status/Remark No. No. & Date No. Case No.
1. Adava P.S 29/2009 Co-accused Petitioners came case were No. 7 Dated acquitted. to know about the 16.12.2009 The cases from the petitioners affidavit dated were 19.07.2019 filed by the SDPO Aska in 34 neither HC in produced in BLAPL NO.
Court , nor 4363/2019.
brought on As per affidavit dated
remand. 08.09.2022 filed by
DSP DIB Gajapati
C.S No.
29 is submitted on
22.06.2013 against
accused Johan Raita
and 33 others but not
against the petitioner
No.1
2. Adava P.S 260/2009 Co-
Petitioners came
case accused
No. 43 Dated were to know about
28.12.2009 acquitted. the cases from
The the
petitioner affidavit dated
s were 19.07.2019 flied
neigther by the SDPO
produced Aska in HC in
in Court , BLAPL NO.
nor 4363/2019.
brought As per affidavit
on dated 08.09.2022
remand. filed by DSP
DIB Gajapati
C.S No.
24 is submitted
on 20.06.2013
against accused
Ladan and 58
others but not
against the
petitioner No. 1
3. Adava P.S 261/2009 Co-accused Petitioners came
case were
No. 44 Dated acquitted. The to know about
8.12.2009 petitioners were the cases from
the
neigther
affidavit dated
produced in 19.07.2019 filed
Court , nor by the SDPO
brought on Aska in HC in
remand. BLAPL NO.
4363/2019.
As per affidavit
dated 08.09.2022
filed by DSP
DIB Gajapati
C.S No.
25 is submitted
35
on 20.06.2013
against accused
Ladan and 58
others but not
against the
petitioner No. 1
4. Adava P.S 262/2009
Co-accused were Petitioners came
case
No. 45 Dated acquitted. The to know about the cases
28.12.2009 petitioners were from the
neigther produced affidavit dated
in Court , nor 19.07.2019 filed by the
brought on SDPO Aska in HC in
remand. BLAPL NO. 4363/2019.
As per affidavit dated
08.09.2022 filed by DSP
DIB Gajapati C.S No.
26 is submitted on
20.06.2013 against accused
Ladan and 58 others but not
against the petitioner No. 1
5. Adava P.S 263/2009
Co-accused were Petitioners came
case
No. 46 Dated acquitted. The to know about the cases
28.12.2009 petitioners were from the
neither produced in affidavit dated
Court , nor brought 19.07.2019 filed by the
on remand. SDPO Aska in HC in
BLAPL NO. 4363/2019.
As per affidavit dated
08.09.2022 filed by DSP
DIB Gajapati C.S No.
27 is submitted on
20.06.2013 against accused
Ladan and 58 others but not
against the Petitioner No.1
etition
r No. 1
6. Adava P.S 264/2009 Petitioners came
Co-accused were
case to know about the cases
No. 47 acquitted. The from the
Dated petitioners were affidavit dated
28.12.2009 neigther 19.07.2019 filed by the
produced in SDPO Aska in HC in
Court , nor BLAPL NO. 4363/2019
As per affidavit dated
brought on
08.09.2022 filed by DSP
remand. DIB Gajapati C.S. No.28 is
submitted on 20.06.2013
against accused Ladan and
58 others but not against
the petitioner No.1
7. Adava P.S 221/2009 Co-accused were Petitioners came
36
case acquitted. The to know about the cases
No. 58 Dated petitioners were from the
23.10.2010 neither produced in affidavit dated
Court , nor brought 19.07.2019 filed by the on remand. SDPO Aska in HC in BLAPL NO. 4363/2019.
As per affidavit dated 08.09.2022 filed by DSP DIB Gajapati C.S No. 61 is submitted on 31.12.2013 against accused Afira Badamajhi and 14 others but not against the petitioner No. 1
8. Adava P.S 233/2010 Co-accused were Petitioners came case acquitted. The to know about the cases No. 63 Dated petitioners were from the 05.11.2010 neigther produced affidavit dated in 19.07.2019 filed by the Court , nor SDPO Aska in HC in brought on BLAPL NO. 4363/2019. remand.
9. Adava P.S 7/2011 Co-accused were Petitioners came case acquitted. Though to know about the cases No. 1 Dated petitioners are from the 10.01.2011 in jail, they were affidavit dated neither remanded 19.07.2019 filed by the nor produced in SDPO Aska in HC in the Court BLAPL NO. 4363/2019.
10. 10. Mo ana 99/2012 Co-accused were Petitioners came P.S. Case acquitted.Though to know about the No.40 Dated petitioners cases from the 22.06.2012 in jail, they were affidavit dated neither remanded 19.07.2019 filed by the nor produced in SDPO Aska in HC in the Court BLAPL NO. 4363/2019.
11. Mohana P.S 184/2012 Co-accused were Petitioners came case acquitted.Though to know about the cases No. 71 Dated petitioners are from the 19.11.2012 in jail, they were affidavit dated neither remanded 19.07.2019 filed by the nor produced in SDPO Aska in HC in the Court BLAPL NO. 4363/2019.
12. Mohana P.S 191/2012 Co-accused were Petitioners came case acquitted.Though to know about the cases No. 73 Dated petitioners are from the 05.12.2012 in jail, they were affidavit dated 37 neither remanded 19.07.2019 filed by the nor produced in SDPO Aska in HC in the Court BLAPL NO. 4363/2019.
13. Mohana P.S 182/2012 Co-accused were Petitioners came case acquitted.Though to know about the cases No. 69 Dated petitioners are from the 14.11.2012 in jail, they were affidavit dated neither remanded 19.07.2019 filed by the nor produced in SDPO Aska in HC in the Court BLAPL NO. 4363/2019.
CASES IN WHICH EVIDENCE IS CLOSED, CASE POSTED FOR ACCUSED STATEMENT Sl. P.S. Case No. & GR Case Trial Court & ST Remark No. Date No. Case No.
1. Sorada P.S. 2/2013(B) Addl. Sessions Case posted to No.129 Dated Judge, Bhanjanagar 13/14.10.2022 for 31.12.2012 (136/2018) accused statement
2. Sorada P.S. 1/2013(B) Addl. Sessions Case posted to No.128 Dated Judge, Bhanjanagar 13/14.10.2022 for 31.12.2012 (137/2018) accused statement
24. We have also taken information as regards the allegation made by the Petitioners that they were not produced in the trial. By a statement, various dates of production have been provided by the Opposite Parties.
But they have not explained whether the Petitioners were produced on all the dates, or not. Even, the Petitioners did not reveal those dates. It appears that for non-availability of the security escort, the Petitioners could not be produced in the court on the date fixed by the court for production.
What now emerges out of the information that the Petitioner No.1 is waiting for completion of trial in 08 38 cases as referred to above. It has been clearly stated by the Petitioners that in the following cases evidence is closed and the cases are posted for the accused statement:
(i) ST Case No.136/2018 corresponding to G.R. Case No.2/2013(B) and Sorada P.S. Case No.129 of 2012 in the court of Addl. Sessions Judge, Bahnjanagar and (ii) ST Case No.137/2018 corresponding to G.R. Case No.1/2013(B) and Sorada P.S. Case No.128 of 2012 in the Court of Addl. Sessions Judge, Bahnjanagar.
So far as these two cases are concerned, we direct those courts to complete the trial by the next 04 months, else the Petitioners involved in those cases be released on bail on suitable terms and conditions. Seven cases where after completion of investigation, charge-sheets have not been filed against the Petitioners, the Petitioners are deemed to have been discharged from the criminal liability.
Description of these cases are as follows:
(i) Adava P.S. Case No.7/09 corresponding to G.R. Case No.29/09, (ii) Adava P.S. Case No.43/09 corresponding to G.R. Case No.260/09, (iii) Adava P.S. Case No.44/09 corresponding to G.R. Case No.261/09, (iv) 39 Adava P.S. Case No.45/09 corresponding to G.R. Case No.262/09, (v) Adava P.S. Case No.46/09 corresponding to G.R. Case No.263/09, (vi) Adava P.S. Case No.47/09 corresponding to G.R. Case No.264/09 and (vii) Adava P.S. Case No.58/10 corresponding to G.R. Case No.221/10.
But in the following cases the trial has commenced but not been completed:
(i) ST Case No.87/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.57(A)/2011 and Bhanjanagar P.S. Case No.18/2011, (ii) ST. Case No.69/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.13/2011 and Badagada P.S. Case No.6/2011, (iii) ST Case No.133/2018 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.27/2010(B) and Badagada P.S. Case No.18/2010, (iv) ST Case No.53/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.06/2011 and Badagada P.S. Case No.4/2011,
(v) ST Case No.59/2020 pending in the Court of Addl.
Sessions Judge, Bhanjanagar corresponding to G.R. Case 40 No.54/2012 and Badagada P.S. Case No.28/2012, (vi) ST Case No.62/2020 pending in the Court of Addl. Sessions Judge, Bhanjanagar corresponding to G.R. Case No.31/2011(B) and Sorada P.S. Case No.21/2011 and (vii) ST Case No.56/2020 pending in the Court of Addl.
Sessions Judge, Bhanjanagar corresponding to G.R. Case No.164/2011(A) and Soroda P.S. Case No.106/2011.
The trial of these cases shall be completed by 30.08.2023, else, the Petitioners shall be released on bail on appropriate terms and conditions. We have recorded our direction in respect of ST Case No.136/2018 corresponding to G.R. Case No.2/2013(B) and Sorada P.S. Case No.129/2012 and ST Case No.137/2018 corresponding to G.R. Case No.1/2013(B) and Sorada P.S. Case No.128/2012.
25. Further we should observe that according to the statement made by the Opposite Parties No.2 and 3, no case is pending against any of the Petitioners at the stage of investigation.
26. Having observed and declared thus, this writ petition stands allowed to the extent as indicated above.
4127. There shall be no order as to costs.
28. Before parting with the records, we place our appreciation for the invaluable assistance provided to us Mr. J. Katikia, learned Additional Government Advocate appearing for the State.
...............................
(S. Talapatra, J)
[
. I agree.
............................... (Savitri Ratho, J) Orissa High Court, Cuttack.
The 9th day of February, 2023. L. Murmu, Senior Stenographer.