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2026 DAILYLAW 19488 (ORI)

BAINA CHARAN PANDA v. STATE OF ODISHA(VIG.)

CRLMC/1100/2026 · 2026-05-11

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1100 of 2026 Baina Charan Panda ……… Petitioner(s) Mr. Prabin Das, Adv. -Versus- State of Odisha (VIG) ……. Opposite Party (s) Mr. N. Moharana, Standing Counsel for the Vigilance Department CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 11.05.2026 Order No. 02. 1. This matter is taken up through hybrid arrangement. 2. In filing this CRLMC, the Petitioner has prayed for quashing the criminal proceeding initiated against him in Vigilance P.S. Case No.44 of 2003, corresponding to T.R. Case No.35 of 2009 pending before the learned Special Judge (Vigilance), Cuttack. 3. Heard learned counsel for the parties. 4. Learned counsel for the Petitioner submits that in the present case, the FIR was lodged on 16.08.2003, and the charge-sheet has been submitted after 3 years and 9 months from the date of lodging of the FIR. He further submits that after filing of the charge-sheet, the learned Special Judge (Vig.) has taken cognizance on 26.06.2009. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 17:53:11 Signature Not Verified 2 5. Learned counsel for the Petitioner further contends that the trial is stuck at the stage of examination of P.W.2, who has been summoned for re-examination under Section 311 of the Cr.P.C. 6. On the other hand, learned Standing Counsel for the Vigilance Department submits that out of 16 witnesses, four witnesses have already been examined. 7. In such view of the matter and considering submission made by the parties, this Court is of the view that the trial in the present case has already been protracted for about 23 years from the date of lodging of the FIR. The filing of charge-sheet itself consumed 4 years which is quite inordinate delay. Later, the trial consumed so much time. Accordingly, the learned Special Judge, (Vigilance), Cuttack is directed to take proactive steps to conclude the trial within a period of six months from the date of receipt of a certified copy of this order without fail. If the trial is not concluded within the time stipulated hereinabove, the Petitioner is at liberty to renew his prayer for quashing of the criminal proceeding. 8. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.