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2025 DAILYLAW 50357 (ORI)

JYOTI PRAKASH JENA v. STATE OF ODISHA

CRLMC/2991/2025 · 2025-08-12

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2991 of 2025 Jyoti Prakash Jena ..... Appellant Represented By Adv. - Karunakar Gaya -versus- State Of Odisha ..... Respondent Represented By Adv. – Mr.U.C.Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.08.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Sanding Counsel for the State. Perused the CRLMC Application as well as the documents annexed thereto. 3. By filing the present CRLMC application under section 482 Cr.P.C., the Petitioner seeks to invoke the inherent jurisdiction of this Court for a direction to the Investigating Officer to return the seized mobile phone. 4. Learned counsel for the Petitioner in course of his argument refers to the seizure list under Annexure-1 to the Page 2 of 3. p0resent Application. On perusal of the seizure list, it appears that two mobile phones have been seized. He further contended that although mobile phones have been seized from the possession of the Petitioner, however the same has not been included in the Memorandum of Objections (M.Os), which were produced during trial. Therefore, it is alleged that the same in possession of the local Police. He further contended that in the meantime the trial has taken place in C.T.Case No.123 of 2024 (C.T.No.59 of 2024). Learned Ad hoc additional District & Sessions Judge-cum-Special Fast Track Court (No.II), Bhubaneswar has already acquitted the Petitioner vide judgment dated 12.02.2025 at Annexure-2 to the present Application. 5. Learned Additional Standing Counsel on the other hand contended that the Petitioner has not moved the trial court before approaching this Court. In such view of the matter, learned Additional Standing Counsel submitted that he will have no objection, if this Court directs the Petitioner to approach the trial court by filing an appropriate application. 6. In view of such development, the CRLMC Application is disposed of by granting liberty to the Petitioner to approach the trial court within two weeks by filing an appropriate application with a prayer for release of mobile phones which are seized by the Police in connection with the present criminal proceeding. In the event the Petitioner moves the trial court within two weeks from today, the trial Page 3 of 3. court shall do well to dispose of the same within six weeks from the date of filing such application after providing opportunity to the affected parties. 7. With the aforesaid observation, the CRLMC stands disposed of. ( A.K. Mohapatra) Judge RKS Designation: AR-CUM-Senior Secretary