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Purna Chandra Mandal vs The State Of Odisha on 9 March, 2018

Bench: J. Chelameswar, Sanjay Kishan Kaul

                                                      1

     ITEM NO.48                              COURT NO.2                 SECTION II-B

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                   No(s).   423/2018

     (Arising out of impugned final judgment and order dated 25-10-2017
     in BLAPL No. 7531/2017 passed by the High Court Of Orissa At
     Cuttack)

     PURNA CHANDRA MANDAL                                                Petitioner(s)

                                                    VERSUS

     THE STATE OF ODISHA                                                 Respondent(s)

     (SLP AND IA No.8584/2018 &8587/2018-APPLICATION FOR ADDITIONAL
     DOCUMENT AND EXEMPTION FROM FILING O.T. and IA No.19295/2018-
     EXEMPTION FROM FILING O.T.)

     Date : 09-03-2018 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE J. CHELAMESWAR
                             HON'BLE MR. JUSTICE SANJAY KISHAN KAUL


     For Petitioner(s)                 Mr. S. N. Bhat, AOR


     For Respondent(s)                 Mr. Shibashish Misra, AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Pursuant to the earlier order of this Court dated 24.01.2018, the Investigating Officer is present in the Court today.

Learned counsel for the respondent explained the reasons which resulted in the earlier order dated 19.02.2018 calling the IO to remain present with the Case Diary on the next date of hearing not being complied with.

Digitally signed by OM PRAKASH SHARMA Date: 2018.03.10 13:03:01 IST Reason: We are satisfied with the explanation of learned counsel for the respondent and thus recall the order dated 19.2.2018 issuing bailable warrant for production of the Investigating Officer in a  2 sum of Rs.10,000/-

In terms of the impugned order dated 25.10.2017, the petitioner has been permitted to renew his prayer for bail after the examination of the victim in the trial court. The chargesheet has been filed on 24.9.2017 but we are informed that the charges have not been framed.

On hearing learned counsel for the parties, we are not inclined to interfere with the impugned order but expect the trial court to take up the framing of charges at an earlier date. The special leave petition is dismissed with the aforesaid observations.

(OM PARKASH SHARMA)                                          (RAJINDER KAUR)
      AR CUM PS                                               BRANCH OFFICER