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Judgment
Savitri Ratho, J
Letter dated 06.05.2024 has been received from the Court of the learned S.D.J.M.-in-Charge, Bhubaneswar wherein it is stated that sincere efforts were made by the staff of the Court of the S.D.J.M., Bhubaneswar in searching for the case record in ICC No.2718 of 2005, but the same could not be traced out for which the status of the case is not known. Request has been for grant of further time to comply with the order of this Court.
This Criminal Revision has been filed challenging the order dated 29.06.2006 passed by Mr.A.K.Sahoo, learned J.M.F.C., Bhubaneswar framing charge against the petitioner for commission of offence under Sections 406/420 of IPC.
On 11.07.2006, the matter has been adjourned to enable the learned counsel for the petitioner to remove the defect and in Misc.Case No.703 of 2006, this Court had passed the following order:
“Misc. Case No.703 of 2006
This is an application for stay of further proceeding in I.C.C. No.2718 of 2005 pending in the court of learned J.M.F.C., Bhubaneswar.
Mr.Panda, learned counsel for the petitioner submits that the case before the court below is posted to tomorrow (12.7.2006).
In view of the above, this Court directs the petitioner to file an application before the learned J.M.F.C., Bhubaneswar for adjournment of the above case for two weeks. If such an application is filed, the learned Magistrate shall adjourn the case for two weeks...”
Thereafter the matter had been listed on 18.07.2006 on which date notice on the question of admission and stay was issued and this Court directed that there shall be interim stay of further proceeding in ICC Case No.2718 of 2005, pending in the Court of the learned J.M.F.C., Bhubaneswar till 20th September, 2006 and the case had been directed to be listed on 19th September.2006. The matter was listed on 19.09.2006 and was adjourned and the LCR was called for. Thereafter, the matter was listed on 09.01.2007 and was adjourned on the request of the learned counsel for the petitioner and the interim order was extended. On 19.01.2007 the LCR in ICC No.2718 of 2005 was received by this Court. Thereafter, the matter was listed on 25.01.2007, 15.02.2007, 01.03.2007, 06.03.2007, 20.03.2007, 06.04.2007, 27.04.2007, 03.05.2007, 09.05.2007, 16.05.2007, 17.05.2007, 04.07.2007, 20.07.2007, 03.08.2007, 14.08.2007, 06.09.2007, 11.10.2007, 18.12.2007, 11.04.2008, 24.04.2008, 16.05.2008, 01.07.2008, 18.08.2008, 16.10.2008, 03.11.2008, 07.11.2008, 04.12.2008, 14.12.2009 and the interim order was extended on almost all these dates.
The note sheet reveals that ICC Case No.2718 of 2005 was returned to the court of learned J.M.F.C., Bhubaneswar on 01.07.2021/02.07.2021 after it was scanned and Code No.30002212 has been given to the scanned record. Copy of memo No.19188 dated 07.07.2021 vide which copy of office letter No.1918 dated 11.02.2021 alongwith original record in ICC No.2718 of 2005 has been sent to the court of learned J.M.F.C., Bhubaneswar, is available in the record.
On 22.04.2024 letter No.1291 dated 22.04.2024 of the Court of the learned S.D.J.M.., Bhubaneswar have been forwarded to the Registry by the learned District Judge, Bhubaneswar stating that the learned S.D.J.M. has requested for grant of some more time to trace out the case record and submit the status report in ICC Case No.2718 of 2005. In letter No.1291 dated 22.04.2024, the learned S.D.J.M., Bhubaneswar has observed as follows:
“With reference to the subject captioned above and letter under reference, it is submitted in sublimity with utmost humility that the case record in I.C.C. Case No.2718 of 2005 was pending in the Court of Sri A.K.Sahoo, the then learned J.M.F.C., Bhubaneswar. The said Court has become defunct on transfer of the then P.O. As a rule, on defunct of a Magisterial trial Court, the case records of the said Court return to the Court of the S.D.J.M., Bhubaneswar. Despite since effort by the staff of this establishment, the aforesaid case record has not yet been traced out. In the eventualities, the present status of the case record could not be furnished to the Hon’ble Court for reference in CRLREV No.455 of 2006.
In the premises, the Hon’ble Court may kindly be requested to grant some more time to trace out the case record & submit status report, as desired.”
List this matter on 17.05.2024.
In the meanwhile, the learned District & Sessions Judge, Bhubaneswar shall ensure that the records in ICC No.2718 of 2005 are traced out and the status of the case is also intimated to this
Court, without fail. Failure to do so may be construed by this Court as non-compliance of its order.
Registry is directed to communicate this order to the learned District and Sessions Judge, Bhubaneswar and the learned S.D.J.M., Bhubaneswar forthwith.
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