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2025 DAILYLAW 31995 (ORI)

PABITRA KUMAR SAHOO v. STATE OF ODISHA

CRLMC/1663/2025 · 2025-08-19

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1663 of 2025 Pabitra Kumar Sahoo ..... Appellant Represented By Adv. - Ramani Kanta Pattanaik -versus- State Of Odisha ..... Respondent Represented By Adv. - M/s Bibekananda Nayak (o.p.i.d.) CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.08.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the Mr.Nayak, learned counsel for the O.P.I.D. and learned counsel for the informant. Perused the CRLMC Application as well as the prayer made therein. 3. By filing the present CRLMC Application under section 528 of BNSS 2023 the Petitioner seeks for a direction to the learned trial court to permit the Petitioner to recall P.W.1 for his further cross-examination. He also contended that in the present case by staying the rejection order dated 21.04.2025 passed by the learned Presiding Officer Designated Court under O.P.I.D. Act in C.T.Case No.25 of 2015. 4. Mr.Nayak, learned counsel appearing for the O.P.I.D. at the outset contended that in view of Section 13 of the Page 2 of 2. Odisha Protection of Interests of Depositors ( In Financial Establishments) Act, 2011, in short O.P.I.D. Act, which has been provided that any person including the competent authority if aggrieved by an order of the designated court, may prefer an appeal to the High Court within 30 days from the date of the order. In such view of the matter learned counsel appearing for the O.P.I.D. contended that the present application under section 528 of BNSS 2023 is not maintainable. 5. In view of Section 13 of the O.P.I.D.Act., this Court is of the view that the order passed by the learned Presiding Officer, Designated Court under OPID Act is an appealable order. As such the present Application is disposed of by granting liberty to the Petitioner to file a better application under section 13 of the Act. ( A.K. Mohapatra) Judge RKS Designation: AR-CUM-Senior Secretary