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2026 DAILYLAW 4013 (ORI)

BHABANI SHANKAR MOHANTY v. STATE OF ODISHA

CRLMC/1167/2026 · 2026-04-16

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1167 of 2026 Bhabani Shankar Mohanty ..…... Petitioner(s) Mr. Santosh Chandra Atabudhi, Adv. -Versus- State of Odisha .……. Opposite Party(s) Mr. Debasish Nayak, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 16.04.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC challenging the order dated 12.02.2026 passed by the learned J.M.F.C.(O), Bhubaneswar in G.R. Case No.2402 of 2024. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner was apprehended by the Police from Hotel Olive Turtle, Puri on 23.12.2024 at about 1.10 A.M. and brought to the concerned Police Station at about 4.40 A.M. on the same day. He further submits that the Petitioner was continuing in police custody much prior to the alleged occurrence, and, therefore, his presence at the place of occurrence on 24.12.2024 at 10.30 P.M. is physically and legally impossible. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 17-Apr-2026 19:06:19 Signature Not Verified 2 5. Learned counsel for the Petitioner further contends that in order to establish the aforesaid facts, the Petitioner had filed an application under Section 91 of Cr.P.C. before the learned trial court with a prayer for a direction to the IIC, Chandaka Police Station to preserve and produce CCTV footage of the police station premises from 1 A.M. of 23.12.2024 till 4 P.M. of 25.12.2024. However, the learned trial court has rejected the same. Hence, the Petitioner is constrained to approach this Court. 6. In such view of the matter, this Court directs the IIC of Chandaka Police Station to produce the CCTV footage from 23.12.2024 at 4.30 A.M. to 25.12.2024 at 4.00 P.M., if the said footage is available in the Police Station. It seems that preservation period of the CCTV footage has already expired. However, if the said footage is preserved, the Police shall produce the same at the time of trial. 7. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.