Orissa High Court
Rajeev Lochan Das vs State Of Odisha .... Opp. Party on 5 October, 2023
Author: M.S. Sahoo
Bench: M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6107 of 2023
Rajeev Lochan Das .... Petitioner
Mr. Devashis Panda, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. T.K. Praharaj, Standing
Counsel
Mr. D. Nayak, Sr. Advocate
instructed by Mr. B. Nayak,
Advocate (Informant)
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No. 05.10.2023
Hybrid Mode
07. I.A. No.1045 of 2023
1. I.A. No.1045 of 2023 came to be filed on 02.08.2023 by one Smt. Sonia Tripathy stating her medical condition that requires medical treatment and intervention. The filing of the said I.A. was with a prayer to release the accused who is the husband of Smt. Tripathy on interim bail for surgery wherein she is advised by Assistant Professor, Department of Gynaecology, SCB Medical College and Hospital, Cuttack.
2. On 04.08.2023, a coordinate Bench of this Court passed the following order:
RJ "1. Appearance memo filed by the learned counsel, Mr. D. Panda for the petitioner is // 2 // taken on record.
2 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
3. It is submitted by the learned counsel for the informant that the petitioner has criminal antecedent of similar nature.
4. Learned counsel for the State is called upon to verify the same and file an affidavit regarding the criminal antecedent of the petitioner.
5. List this matter on 25.08.2023."
Thereafter, the matter was adjourned for obtaining the case diary on 25.08.2023, 26.09.2023 and again on 3.10.2023 at the instances of the learned counsel for the petitioner.
3. Thereafter, learned counsel for the State was directed to obtain instruction in response to the I.A. In obedience to the order of this Court, learned Standing Counsel produces a letter issued by the Deputy Superintendent of Police, EOW, Bhubaneswar by D.R. No.3917/EOW dated 25.09.2023. The verification of the medical reports produced by the applicant annexed to the I.A. leads to a matter of concern as it is stated in the said report. Relevant portion of the report is quoted herein for reference:
"The Registrar (Administration), S.C.B.M.C.H., Cuttack submitted the report vide Memo No.20598 dt.14.09.2023, which revealed that Mrs. Sonia Tripathy, W/o- Rajeev Lochan Das, Bhubaneswar has not attended OG OPD on 25.07.2023 & 29.07.2023. Moreover, signature of the Assistant Professor in the OPD Card does not match with the signature of any of the Page 2 of 4 // 3 // Assistant Professor of O & G Department. Hence, the petitioner has furnished the forged medical documents in the name of his wife Sonia Tripathy to get relief. Hence, the petitioner has deliberately played fraud before the Hon'ble Court. As the petitioner has not approached the Hon'ble Court with clean hands, the petitioner is not entitled to any relief. Moreover, it appears that Sonia Tripathy, the wife of the petitioner has sworn in the affidavit before the Hon'ble Court. Hence, she has filed false affidavit and the affidavit has described as the brother of the petitioner. Hence, Sonia Tripathy is also squarely liable for forgery and false statements."
4. Learned Standing Counsel referring to the report submits that such practice amounts to interference with the process of the Court and is to be dealt with sternly to send a message to such person.
5. Learned Sr. Counsel for the informant refers to certain other earlier events when allegedly false/forged documents have been filed by the petitioner (accused) for getting bail that has led to some proceeding before the Orissa State Bar Council.
6. Learned counsel for the petitioner in I.A. No.1045/2023 is also the learned counsel in the bail application. He submits that the petitioner therein does not want to pursue the I.A. and the same is to be withdrawn by the petitioner.
7. Having heard learned counsel for the petitioner- applicant, learned Standing Counsel for the State and learned Sr. Advocate for the informant, this Court is of Page 3 of 4 // 4 // the considered opinion that though it is a matter of concern but considering the age of the applicant, she being the wife of the petitioner (accused) in the BLAPL, who is in custody, a lenient view is to be taken and the matter is to be set at rest as of now.
8. The report of the Dy. Superintendent of Police, EOW, Bhubaneswar dated 25.08.2023 shall be kept in sealed cover by the Registrar (Judicial) for reference.
The Registrar (Judicial) shall do the needful.
9. The I.A. stands dismissed as withdrawn.
BLAPL No.6107 of 20231. It is submitted by the learned counsel for the petitioner that charge-sheet has been submitted on 26.08.2023.
2. In view of changed circumstances of filing of the Final Police Report, this Court is not inclined to pass any order in the present petition.
3. Learned counsel for the petitioner seeks to withdraw the petition to move the learned court in seisin of the matter.
4. The BLAPL is disposed of accordingly.
(M.S. Sahoo) Judge Signature Not Verified Digitally Signed Signed by: RADHARANI JENA Designation: Senior Steno Reason: Authentication Location: ohc Date: 10-Oct-2023 11:27:42 Page 4 of 4