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2022 Supreme(Ori) 67

SASHIKANTA MISHRA
Siba Bisoi – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/S. Jugal Kishore Panda, S.S. Dash, B. Karna, A.P. Dash, Advocates, for the Appellant, Mr. S.K. Mishra, for the Respondent.

ORDER

Sashikanta Mishra, J. - The present application has been filed by the State seeking recall of order dated 18.11.2021 passed in the above CRLMC mainly on the ground that such order was obtained by the accused-petitioners by misleading the Court.

2. The aforementioned CRLMC was filed by the petitioners under Section 482 Cr.P.C. to challenge the orders dated 06.09.2020/08.09.2020, 02.03.2021 and 03.05.2021 passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. Case No. 94 of 2020. It was contended by the petitioners that they were arrested in connection with Mathili P.S. Case No. 125 of 2020 on 06.09.2020 and remanded to judicial custody on the same day and as such, the stipulated period of 180 days for completion of investigation was due to expire on 03.03.2021. Learned Special Judge acting on a petition filed by the I.O. and the Special P.P. on 02.03.2021 extended the said period by 60 days. Accordingly, the extended period was due to expire on 01.05.2021. On the said date, the accused persons were neither produced before the learned Special Judge nor their indefeasible right to be released on default bail was informed to them, even though charge sheet had no

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