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2025 DAILYLAW 54852 (ORI)

SINU BEERO v. STATE OF ODISHA

CRLMC/3395/2025 · 2025-09-01

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3395 of 2025 Sinu Beero ..... Petitioner Represented By Adv. - Manoranjan Padhy -versus- State Of Odisha ..... Opp. Party Represented By Adv. – B.K. Sahu, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 01.09.2025 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 learned counsel for the State. Perused the application as well as the prayer made therein. 3. The present application has been filed under Section 482 of the Cr.P.C. corresponding to Section 528 of the B.N.S.S. the Petitioner seeks to invoke the inherent power of this Court for expunction of the deposition of P.W. 3 (Inquiry Officer) which was taken at a later stage before the learned Addl. Sessions Judge- cum-Special Judge, Athagarh. 4. Learned counsel for the Petitioner at the outset contended that the deposition of the P.W. 3 (Inquiry Officer) was taken at a belated stage by the learned trial court. On such ground, learned counsel for the Petitioner submitted that such deposition of the Page 2 of 2. P.W. 3 be expunged from the record. 5. Learned counsel for the State on the other hand objected to such expunction. She further contended that it is always open to the Petitioner to raise such a ground at the time of hearing during the trial. On such ground, learned counsel for the State contended that application of the Petitioner is devoid of merit and that the same does not call for any interference by this Court in exercise of its inherent power. 6. Having regard to the submissions made by learned counsels appearing for the parties, on a careful examination of the background facts as well as the developments that had taken place in the trial, this Court is of the considered view that a ground taken in the present application can very well be raised by the Petitioner during the hearing of the trial. In the event, the same is raised, learned trial court shall do well to consider such ground in accordance with law. 7. With the aforesaid observations/ directions, the CRLMC stands disposed of. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer