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2026 DAILYLAW 88 (ORI)

M.RAJ KUMAR v. STATE OF ODISHA

CRLMC/600/2026 · 2026-03-16

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.600 of 2026 M Raj Kumar …. Petitioner(s) Mr. Soubhagya Kumar Dash, Adv. -versus- State of Odisha …. Opposite Party(s) Miss Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 16.03.2026 02. 1. This matter is taken up through hybrid arrangement. 2. In filing this CRLMC, the Petitioner against whom the allegation of misappropriation of public money is made while serving as the Sub-Post Master at Hospital Road(Pkd.), Sub Post Office under Paralakhemundi H.O, has prayed for quashing the impugned order dated 20.01.2026 passed by the learned Chief Judicial Magistrate- cum-Asst. A.S.J, Parlakhemundi in G.R. Case No.587/2018 corresponding to Paralakhemundi P.S. Case No.261/2018. Apart from the above, the Petitioner has also sought for a direction from this Court to the learned Court in seisin over the matter for issuing necessary documents mentioned in the petition under Section 91 of the Cr.P.C which is rejected vide impugned order dated 20.01.2026, in his favour. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Mar-2026 17:05:15 Signature Not Verified p. 2 3. Heard. 4. Challenging the impugned order dated 20.01.2026 passed in the above noted G.R. Case, learned counsel for the Petitioner submits that despite the best efforts of the Petitioner the documents sought for through the petition under Section 91 of the Cr.P.C. at his instance have not yet been issued. He further contends that the Petitioner has been falsely implicated in this case. He, in the process, relying on the provision under Section 207 of the Cr.P.C submits that the documents may be supplied in favour of the Petitioner. He also contends that the Petitioner needs the above noted documents in order to prove his innocence. He, accordingly, prays for allowing the prayer made in this CRLMC. The provision under Section 207 of the Cr.P.C. is extracted hereinbelow:- “207. Supply to the accused of copy of the police report and other documents- In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:- (i) the police report; (ii) the first information recorded under section 154; (iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of section 173; Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Mar-2026 17:05:15 Signature Not Verified p. 3 (iv) the confessions and statements, if any, recorded under section 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.” 5. In his opposition, learned counsel for the State submits that despite supplying of necessary documents in favour of the Petitioner, the Petitioner is unable to establish a case in his favour. He, accordingly, prays for dismissal of this CRLMC. 6. Considering the submissions made on behalf of both the parties and without going into the merits of the case, this Court directs the Petitioner to file a fresh application for issuance of necessary documents mentioned in the petition under Section 91 of the Cr.P.C rejected vide impugned order dated 20.01.2026 which shall be considered and disposed of as per law and the said documents shall be Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-Mar-2026 17:05:15 Signature Not Verified p. 4 shared with the Petitioner, if the same are sharable. It is also made clear that if the authority concerned is satisfied that any documents sought for by the Petitioner is voluminous, he shall, instead of furnishing a copy thereof in favour of the accused, permit the accused or his representative to inspect the said documents. 7. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant