Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3811 of 2025 Seshan Nayak@ Dhirendra Kumar Routray ..... Appellant Represented By Adv. - Jnyanananda Panda -versus- State Of Odisha ..... Respondent Represented By Adv. – Ms.Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.09.2025 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 the learned Additional Standing Counsel for the State. Perused the CRLMC application as well as the prayer made therein. 3. The present CRLMC application has been filed by the accused-Petitioner challenging the inaction of the learned Additional Sessions Judge, Nayagarh in not recording the statement of the accused under section 313 Cr.P.C. although evidence form the side of the prosecution has been closed. Since 07.04.2022. In the aforesaid context, learned counsel for the Petitioner referred to the order dated 07.04.2022 at Annexure-1 and stated before this Court that the same reveals that the evidence from the side of the prosecution has been closed and the memo filed by the prosecution is accepted. He further submitted that by virtue of the order dated 07.04.2022 the trial Page 2 of 3. court posted the matter for recording of statement of the accused under section 313 Cr.P.C. However several adjournments have been taken in the meantime. The statement of the accused has not been recorded. Drawing attention of this Court to the Prisoner’s petition at Annexure-2 dated 01.05.2025 wherein the Prisoner has written letter to the trial court for recording of his statement. Being aggrieved by the inaction of the learned trial court to record the statement of the accused-present Petitioner, the Petitioner has approached this Court by filing the present CRLMC application. 4. Learned Additional Standing Counsel, drawing attention of this Court to the order dated 01.09.2025 at Annexure-3 series, contended before this Court that the learned trial court has already fixed the date for recording of the statement of the accused under section 313 Cr.P.C. on 15.10.2025. In such view of the matter, learned Additional Standing Counsel submitted that no further order is required to be passed in the present application and as such the application is infructuous. 5. Having heard learned counsels for the respective parties and on careful analysis of the orders passed by the learned trial court at Annexure-1 & 3, this Court observes that although the prosecution evidence was closed in the year 2022 and specific order was passed on 07.04.2022, however statement of the accused has not been recorded under section 313 Cr.P.C.. In any event, it is observed in the order at Annexure-3 that the matter has been posted for recording of the statement of the accused under section 313 Cr.P.C. In such view of the matter, this Court is not inclined to pass any order in the present application. However, learned trial court shall make every Page 3 of 3. endeavour to record the statement of the accused-Petitioner as expeditiously as possible. The Petitioner is directed to cooperate with the trial court. 6. With the aforesaid observation, the CRLMC stands disposed of. ( A.K. Mohapatra ) Judge RKS