Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 637 of 2025
Ratnakar Jena …. Petitioner
Mr. P. K. Nayak, Advocate
-versus-
State of Odisha & Others …. Opp. Parties
Mr. A.K. Apat, Addl. P.P.
CORAM:
THE HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
ORDER 03.09.2025
04.
1. Heard learned counsel for the Parties.
2. By means of this application, the Petitioner seeks the intervention of this Court for a direction to reinvestigate the case in connection with Sector-19 P.S. Case No.181 of 2024 corresponding to G.R. Case No.3051 of 2024 pending before the learned S.D.J.M.(P), Rourkela.
3. Mr. P.K. Nayak, learned counsel for the Petitioner submitted that the statement of the witnesses, more particularly, in respect to Ratnakar Jena, Rakesh Kumar Biswal and Ranjit Nayak discloses the accident occurred was due to the fault of the offending vehicle i.e. car bearing No.OD-14Z- 9874 that allegedly to have come rashly in high speed and p. 2 dashed the Motor Cycle. Mr. Nayak, also drew the attention of this Court to the MVI report and contended that cumulatively it goes to show that the charge-sheet submitted against the deceased-accused to have contributed to the accident is not in consonance with the document and as such the reinvestigation is inevitable.
4.
Learned counsel for the State on the other hand submits that most of the statements recorded under Section 180 BNSS, which includes the eye-witness account, discloses that the deceased was riding the motor cycle at high speed and colluded with the car and the spot where the damage has been caused to the car clearly reveals that the car was not at fault and it is rightly held in the charge-sheet placed in the record.
5. Having regard to the aforesaid submissions of the
learned counsel for the Parties and perusal of the documents prima facie reveals that the conclusion drawn by the police in course of the investigation cannot be faulted with so as to issue direction for reinvestigation. The Petitioner may approach the Jurisdictional Magistrate by way of a complaint to establish its case, if any. In case such complaint is filed the court shall do the needful in accordance with the law keeping in view the materials on record not being influence by any observations made herein. p. 3
6. Accordingly, the CRLMP stands disposed of.
(Chittaranjan Dash) Judge
Sarbani Designation: Junior Stenographer