The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.660 of 2023 Biswajit Pattnaik …. Petitioner Mr. Bhawani Shankar Rayaguru, Adv. -versus- State of Odisha. …. Opposite Party
Legal Reasoning
Mr. Ch. Satyajit Mishra, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
Order No. ORDER 19.05.2023 02. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, in this CRLMP, seeks a direction from this Court to the learned 2nd A.S.J., Puri for early disposal of Criminal Appeal No.23 of 2017, arising out of the judgment and order dated 04.08.2017 passed by the learned S.D.J.M., Puri in G.R. Case No.1739 of 2012, within a stipulated period. 3. Heard learned counsel for the Parties. 4. Facts of the case are that the Petitioner who happens to be the informant as well as the victim lodged a report before the I.I.C., Baselisahi Police Station, Puri against Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 Page 1 of 6 one Jayanta Kumar Das, son of Late Narasingh Das, resident of Satyanagar, Siddhamahavir, P.S. Kumbharapa, Dist.-Puri for commission of offences under Sections 292/465/469/500 of the I.P.C. read with Sections 66C/67/67A of the Information Technology Act which was registered as Baselisahi P.S. Case No.36 of 2012 corresponding to G.R. Case No.1739 of 2012. 5. The said Jayanta Kumar Das faced the trial before the learned S.D.J.M., Puri which ended with conviction. The operative portion of the sentence and order of conviction dated 04.08.2017 passed by learned S.D.J.M., Puri in G.R. Case No.1739 of 2012/T.R. No.21 of 2013 is extracted below: the nature, gravity and “Considering societal impact, the convict deserves no leniency regarding the imposition of sentence of punishment. Hence, convict Jayanta Kumar Das is sentenced to undergo R.I. for a term of six months and is liable to pay the fine of Rs.500/- in default S.I. for 15 days for the commission of offence under Section 292 I.P.C. Further, he is sentenced to undergo R.I. for a term of six months and is liable to pay the fine of Rs.500/- in default S.I. for 15 days for the commission of offence under Section 465 I.P.C. Further, he is sentenced to undergo R.I. for a term of one year and is liable to pay the fine of Rs.1,000/- in default S.I. for one month for the commission of Page 2 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 offence under Section 469 I.P.C. Further, he is sentenced to undergo S.I. for a term of six months and is liable to pay the fine of Rs.500/- in default S.I for 7 days for the commission of offence under Section 500 I.P.C. Further, he is sentenced to R.I for a term of one year and is liable to pay the fine of Rs.1,000/- in default S.I. for one month for commission of offence under Section 66(C) of I.T. Act, 2008. Further, he is sentenced to undergo R.I. for a term of six months and is liable to pay the fine of Rs.500/- in default S.I. for 15 days for the commission of offence under Section 67 of I.T. Act, 2008. Further, he is sentenced to undergo R.I. for a term of two years and is liable to pay a fine of Rs.5000/- in default S.I. for two months for the commission of offence under Section 67(A) of I.T. Act, 2008. However, all the substantive sentences of imprisonment shall run consecutively.” 6. Being aggrieved by the judgment dated 04.08.2017 passed by learned S.D.J.M., Puri in G.R. Case No.1739 of 2012/T.R. No.21 of 2013 the convict preferred an appeal before the learned Sessions Judge, Puri vide Crl. Appeal No.23 of 2017. Learned Sessions Judge, Puri vide order dated 08.08.2017 was pleased to admit the Appeal and also directed that the petition for bail and stay realization of fine will be heard and considered on 10.08.2017 after receipt of LCR and service of copy of the bail petition and Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 Page 3 of 6 stay petition on the respondent and called for the LCR. Further, the learned Sessions Judge, Puri issued notice to the Respondent for hearing of the Appeal on 22.08.2017. 7. The learned Sessions Judge, Puri vide order dated 11.08.2017 was pleased to dismiss the bail application filed by the Appellant under Section 389(1) of the Cr.P.C., for which the Appellant was sent to jail custody. Thereafter, he had approached this Court vide CRLMA No.241 of 2017 thereby challenging the judgment and order dated 04.08.2017 passed by the learned S.D.J.M., Puri G.R. Case No.1739 of 2012/T.R. No.21 of 2013. This Court vide order dated 16.03.2018 was pleased to release the Petitioner on bail on such terms and conditions as deemed just and proper by the learned Appellate Court pending disposal of the Appeal. 8. He further submits that though the aforesaid Appeal i.e. Crl. Appeal No.23 of 2017 filed by the Appellant has been pending since 2017, the learned Sessions Judge, Puri is sitting over the appeal and it is lingering on different grounds. 9. In such view of the matter, learned counsel for the Petitioner contends that that though the aforesaid appeal is slightly older one, the learned Appellate Court is lingering the hearing without any rhyme and reason, for Page 4 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 which the process of delivery of justice is being got delayed. Therefore, the present petitioner being the informant/ victim is highly prejudiced. 10. He further submits that unless this Court directs the learned 2nd A.S.J, Puri to conclude the Appeal filed by the Appellant vide Crl. Appeal No.23 of 2017 within a stipulated period, the present petitioner will suffer irreparable loss. Therefore, the Petitioner is compelled to file the present petition for early disposal of the Crl. Appeal No.23 of 2017 by the leaned 2nd A.S.J., Puri. 11. Learned counsel for the State submitted that he has no objection to the prayer of the Petitioner for early disposal of the Criminal Appeal No.23 of 2017 by the learned 2nd A.S.J., Puri, as the claim of the Petitioner is limited in nature. 12. This Court is of the believe that by fixing time limit for disposal of the cases, the hands of the trial courts are tied. It is basic that hurried justice will result in burried justice. Further, the trust in the judicial system might be eroded if selected cases on the behest of the petitioners like the present one are entertained. There will be a perception that some matters are being heard quickly as the petitioner could move petitions before the High Court. This practice of targeting cases at the behest of some Page 5 of 6 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 petitioners and prioritise them is nothing but an act of discrimination in favour of some. 13. However, considering the submissions made and innocuous nature of prayer, this Court directs the learned 2nd A.S.J., Puri to make all endeavors to conclude the Criminal Appeal No.23 of 2017 as earlier as possible, without neglecting the ready cases older to the present case. 14. The CRLMP is, accordingly, disposed of. 15. Urgent certified copy of this order be granted on proper application. . Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Secretary Reason: Authentication Location: CTC, CUTTACK Date: 19-May-2023 19:38:37 Page 6 of 6