CRLMP/1271/2020 of BHUBANANDA DAS Vs STATE OF ODISHA on 13 July 2026

ORDER

Order No. 13.07.2026

10. (Through hybrid Mode)

1. This CRLMP has been filed for quashing the FIR as well as all other consequential proceeding pending in the Court of the learned Special Judge (Vigilance), Balasore in connection with VGR Case No. 25 of 2020 arising out of Balasore Vigilance P.S. Case No. 25 of 2020.

2. This matter was first listed on 21.10.2020 and thereafter it has been adjourned and listed on 05.01.2021, 22.01.2021, 24.02.2021, 17.03.2021 and 05.05.2023. Three years later, it was listed on 15.05.2026, when Mr. Kamalakanta Sethi, learned counsel appeared on behalf of Mr. B.S. Dasparida, but as he had no idea about the case the matter was adjourned to 29.06.2026 indicating that further adjournment would not be granted in this case. As the perusal of the ordersheet revealed that the case had been adjourned on five occasions, the Registry had been directed to call for a report from the learned Special Judge (Vigilance), Balasore regarding the present status of the case in VGR Case

No. 25 of 2020.

3. The matter was thereafter listed in the weekly list on 29.06.2026 and taken up on 30.06.2026 when prayer for adjournment was made by Mr. Adesh Jena, learned counsel stating that the matter will be argued by Mr. D.P. Dhal, learned Senior Advocate who had some inconvenience on that date.

After perusal of the status report dated 17.06.2026 received from the learned trial Court, it came to the knowledge of the Court that Charge Sheet No. 43 dated 21.12.2023 has been submitted in the case on 4th March, 2024 and cognizance has been taken against eleven accused persons on 6th March, 2024. In mid-2024 on different dates, ten co-accused persons had surrendered or appeared and have been enlarged on conditional bail but the Petitioner had not appeared and was constantly filing time petition on the plea of pending of CRLMC No. 1378 of 2024.

4. The relevant portion of the order dated 30.06.2026 is extracted below: “Perused the status report dated 17.06.2026 of the learned Special Judge (Vigilance), Balasore where it is stated that after the extensive investigation, Charge Sheet No. 43 dated 21.12.2023 has been submitted on 04th March, 2024 and cognizance has been taken against eleven accused persons on 6th March, 2024. In mid-2024 on different dates, ten co-accused persons have surrendered or appeared and have been enlarged on conditional bail. Seven co-accused persons, namely, Pabitra Kumar Behera,

Rama Chandra Barik, Ganapati Patra, Kishore Kumar Mahapatra, Sushobhita Jena, Subodh Kumar Das Adhikari and Akshaya Chandra Mohanty are represented by the respected counsels. Two accused persons namely, Amar Kumar Patra and Suman Sundar Sahu failed to appear after initially securing bail. Hence, Non-Bailable Warrants of Arrest has been issued against them on 21st July, 2025 but the same has not yet been executed. The Principal accused, Bhubananda Das (the Petitioner in this CRLMP) has not physically appeared before the Court and his counsel has been consistently filing time petitions citing the sub-judice status of the case and ongoing interim protective arrangements granted by the High Court in CRLMC No. 1378 of 2024 vide Order No.1 dated 15.05.2024.”

5. It was not brought to the notice of this Court by Mr. Niranjan Moharana, learned Additional Standing Counsel for Vigilance either on 15.05.2026 or 30.06.2026 that in the meanwhile investigation had been completed and chargesheet had been filed and the Petitioner has filed CRLMC No. 1378 of 2024 where interim order has been granted for which the case was being adjourned in the learned trial Court.

6. In view of the report of the leaned trial Court, this case was adjourned to 06.07.2026 to be listed along with CRLMC No. 1378 of 2024 for reference.

7. The case is listed today along with CRLMC No. 1378 of 2024 as well as W.P.(C) No. 25985 of 2021.

puspa

8. Mr. Satyajit Mohapatra, learned counsel for the Petitioner files a memo dated 13.07.2026 stating what has been recorded by this Court on 30.06.2026 after perusing the report of the learned trial Court:- “During pendency of this application, chargesheet was submitted and challenging the order taking cognizance the Petitioner preferred CRLMC No. 1378/2024 before this Court. The prayer made this CRLMP petition become infructuous, hence this application may kindly be disposed of as withdrawn.”

9. This memo could have been filed much earlier but it is unfortunate that after two adjournments the present memo for withdrawal has been filed.

10. As it cannot be disputed that the CRLMP has been rendered infructuous by filing of chargesheet and the order of cognizance is challenged in CRLMC No. 1378 of 2024, no useful purpose will be served by keeping this CRLMP pending.

11. The CRLMP is therefore dismissed.

12. It is made clear that this Court has not gone into the merits of the case of the Petitioner.

13. CRLMC No. 1378 of 2024 be listed before the assigned Bench along with W.P.(C) No. 25985 of 2021.

14. Urgent certified copy of this order be granted on proper application. (Savitri Ratho)

Judge

Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 13-Jul-2026 20:01:32 Signature Not Verified