Orissa High Court

CRLMC/2712/2026 of S.K.NAJRUL ISLAM@SAHENSA@ SAHINAJ Vs STATE OF ODISHA on 8 September 2026

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of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2712 of 2026 CNR No. ODHC010478452026 S.K.Najrul Islam@ Sahensa@ Sahinaj ..... Petitioner Represented by Adv. - Nand Kishore Rout -versus- State of Odisha & Anr. ..... Opposite Parties Represented by Adv. - Smt. S.Nayak, A.S.C. CORAM: THE

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2712 of 2026

CNR No. ODHC010478452026

S.K.Najrul Islam@ Sahensa@

Sahinaj

.....

Petitioner

Represented by Adv. -

Nand Kishore Rout

-versus-

State of Odisha & Anr.

.....

Opposite Parties

Represented by Adv. -

Smt. S.Nayak, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

08.09.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as the learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. By filing the present application under Section 482 of the Cr.P.C., the Petitioner has approached this Court with a prayer for quashing on the ground of delay.

4. Learned counsel for the Petitioner, at the outset, contended that the F.I.R. in the present case was lodged on 06.03.2021 before the Bhadrak Town P.S. alleging commission of an offence punishable under Sections 341, 323, 294, 353, 354, 506, 379, 34 of I.P.C. After registration of the F.I.R. the investigation was commenced and in the meantime the charge sheet has been filed in the year 2021. The aforesaid Bhadrak Town P.S. Case corresponds to G.R. Case No.682 of 2021 and the same is stated to be pending before the learned S.D.J.M., Bhadrak. In course of his argument, learned counsel for the Petitoner submitted that although the charge sheet was filed in the year 2021, despite expiry of five years in the meantime, the trial has not yet commenced. On such ground, learned counsel for the Petitioner referring to the judgment of the Hon’ble Supreme Court in State of Odisha vs. Sk. Parwej and others submitted before this Court that the entire criminal proceeding against the present Petitioner be quashed on the ground of delay alone.

5. Learned counsel for the State, on the other hand, objected to the prayer made in the present application. She further contended that there are many reasons for which the trial could not be concluded expeditiously. He further contended that in the event this Court directs the learned trial court for early conclusion of the trial the prosecution will provide all assistance to the learned trial court for early conclusion of the trial in the present case. In such view of the matter, learned counsel for the State contended that the petition being devoid of merit, is liable to be dismissed.

6. Having regard to the submissions made by the learned counsel for the parties, on a careful examination of the background facts, further taking note of the fact that the charge sheet was filed in the year 2021 and in the meantime time five years have elapsed, this Court deems it proper to dispose of the present application by directing the learned trial court to make every endeavour to expedite the trial and conclude the same as expeditiously as possible, preferably within period of six months. Parties are directed to

cooperate with the learned trial court and they shall not take any unnecessary adjournments.

7. With the aforesaid observations and directions, the CRLMC stands disposed of.

(Aditya Kumar Mohapatra)

Judge

Rubi

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 10-Sep-2026 17:43:48 Signature Not Verified

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