CRLMC/2331/2026 of ANIL KUMAR PANDI@ANIL PANDI Vs STATE OF ODISHA on 25 August 2026

ORDER

25.08.2026 Order No.

02.

1. This matter is taken up through Hybrid Mode.

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

3. By filing the present application, the accused-Petitioner in Special Case No.199(A) of 2021 pending in the file of learned Sessions Judge, Balasore has approached this Court thereby praying for quashing of the order dated 22.06.2026 passed in the abovenoted case.

4. Learned counsel appearing for the Petitioner, at the outset, contended that the Petitioner, who has been lodged in the District Jail, Balasore, has approached this Court by filing an application under section 482 of Cr.P.C with a prayer for a direction to the authorities to transfer the Petitioner to Sub-Jail at Kodala as the family of the Petitioner resides in Kodala. He further submitted that the Petitioner submitted an application under Section 29 of the Prisoners Act before the learned Sessions Judge, Balasore, with a prayer to transfer him from District Jail, Balasore to Sub-Jail Kodala, Ganjam. Such application having been rejected by the learned Sessions Judge, Balasore vide order dated 22.06.2026 at Annexure-1, the Petitioner has approached this Court by filing this application under section 482 of Cr.P.C. Learned counsel for the Petitioner, at the outset, contended that the Petitioner belongs to Kodala and his family including his old parents reside at Kodala. He further submitted that the Petitioner can very well be put up in the Sub-Jail at Kodala, and whenever necessary he may be transferred to Balasore to appear before the trial court in connection with the trial in Special Case No.199 (A) 2021 arising out of STF (CID-CB) Bhubaneswar PS Case No.29 of 2021. It was also brought to the notice of this Court that two cases are also pending against the Petitioner at Kodala. Learned counsel for the Petitioner further submitted that the two cases pending against the Petitioner at Kodala are ready for trial, and the trial has commenced in such criminal cases. So far the case pending before the learned Sessions Judge-cum-Special Judge, Balasore, the trial is yet to be commenced. In such view of the matter, learned counsel for the Petitioner contended that to facilitate the Petitioner to appear before the trial court in connection with the two cases are pending before Kodala Court, the Petitioner be shifted to Kodala Sub-Jail. In such view of the matter, learned counsel for the Petitioner contended that the impugned order dated 22.06.2026 is unsustainable in law and, accordingly, the same should be quashed.

5. Learned counsel for the State, on the other hand, on instruction from the Superintendent of District Jail, Balasore vide letter dated 21.08.2026, submitted before this Court that the Superintendent of District Jail, Balasore has not received any application from the Petitioner seeking his transfer from District Jail, Balasore to the Sub-Jail at Kodala (Ganjam). It has been mentioned in the instruction, a copy of which was filed in Court today, that the Petitioner is languishing in custody in District Jail, Balasore since 09.10.2025, being remanded in connection with the present case. The instruction further reveals that the Petitioner is also facing trial in eight number of NDPS cases pending in the Court of Additional Chief Judicial Magistrate, Ahmedabad City. Since no request has been made by the Petitioner to the Superintendent of District Jail, Balasore regarding his transfer to Sub-Jail Kodala, no decision has been taken in that regard. The instruction further reveals that after receiving the request from the Petitioner for transfer to Sub-Jail Kodala, he was advised to submit a prisoner’s petition before the learned Sessions Judge-cum-Special Judge, Balasore, requesting him to grant permission to the Petitioner for his transfer to Sub-Jail, Kodala. However, such prayer of the Petitioner having been rejected. In such view of the matter, learned counsel for the State contended that the application of the Petitioner is devoid of merit and, accordingly, the same should be dismissed.

6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the background facts, further taking note of the order dated 22.06.2026 at

Annexure-1, this Court found that the Petitioner has approached this Court by filing the present application with a prayer to set aside order dated 22.06.2026 and to direct for transfer of the Petitioner from the District Jail, Balasore to the Sub-Jail at Kodala. Upon perusal of the order dated 22.06.2026, this Court found that the learned Sessions Judge, Balasore has taken note of every contention raised by the Petitioner. However, on a careful scrutiny of the impugned order, further on a careful analysis of the legal position, this Court is inclined to grant another opportunity to Petitioner to move a fresh application before the learned Sessions Judge-cum- Special Judge, Balasore. In the event any such application is filed by the Petitioner within two weeks from today, the learned Sessions Judge-cum-Special Judge, Balasore shall reconsider the decision of rejecting the prayer of Petitioner for his transfer to Sub-Jail, Kodala (Ganjam). In the event, it is found that the trial in the present case is not likely to commence in the near future, the learned Sessions Judge-cum-Special Judge, Balasore shall take into consideration the aforesaid facts and pass necessary consequential orders keeping in view the right of the under trial prisoner and dispose of such application with a period of four weeks from the date the same is filed before the Sessions Judge-cum-Special Judge, Balasore.

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

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 28-Aug-2026 14:15:55 Signature Not Verified