IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 549 of 2026 Deepak Kumar Behera @ Dipak Kumar Behera & Anr. ..... Petitioner(s) Mr. Prasanna Kumar Mishra, Advocate -Versus- State of Odisha …. Opposite Parties Mr. Tej Kumar, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 20.02.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have filed this CRLMC with a prayer to quash the order dated 15.12.2025 passed by the learned Additional Sessions Judge, Kamakhyanagar in C.T. (S.S.) No.107 of 2016 rejecting the application under Section 311 Cr.P.C filed by the Petitioners. He further sought for a direction from this Court to the learned Trial Court to summon the treating doctor, named, Dr. Narahari Panda, Kamakhyanagar Hospital to be examined as witness. 3. Learned counsel for the Petitioners submits that the Petitioners have filed a petition under Section 311 of Cr.P.C. for summoning the treating Doctor, named, Narahari Panda. The said application was rejected by the trial Court citing the ground that the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 20-Feb-2026 14:24:04 Signature Not Verified 2 Petitioners themselves shall produce the treating doctor as their own responsibilities and cost. As the treating doctor is a Government servant and is employed under the Health and Family Welfare Department, without issuance pf summon by the Court, the doctor cannot come for examination. 4. Considering the importance of the examination of the doctor as defence witness, which is likely to impact a lot in the outcome of the case, this Court deems it appropriate to allow the doctor to be summoned by the Court below. Accordingly, the order dated 15.12.2025 passed by the learned Additional Sessions Judge, Kamakhyanagar in C.T. (S.S.) No. 107 of 2016 is set aside. 5. It is made clear that the Doctor shall be called only once and whatever question to be asked is to be concluded in one appearance and the Court below shall avoid unnecessary adjournment on any pretext. 6. The CRLMC stands disposed of, accordingly. . ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali