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1910 DAILYLAW 5 (ORI)

SUBASH CHANDRA HAZRA v. UNION OF INDIA(CBI)

CRLMC/1910/2026 · 2026-07-01

S K Panigrahi

body1910

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1910 of 2026 Subash Chandra Hazra ...… Petitioner(s) Mr. Sandeep Rath, Adv. -Versus- Union of India (CBI) ……. Opposite Party (s) Mr. Sarthak Nayak, Retainer Counsel for CBI CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 01.07.2026 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the Criminal proceeding in connection with T.R Case No.07 of 2017 pending in the Court of the learned ADJ-Cum-Spl. Judge, (C.B.I-II), Bhubaneswar. 3. Learned counsel for the Petitioner submits that after submission of the charge sheet, the trial of the case has been started in the Court of the learned Special Judge, CBI-1, Bhubaneswar as T.R No.07 of 2017. Presently, the said case is pending for trial before the learned Special Judge, CBI-2, Bhubaneswar on being transferred. The petitioner has joined as Gramin Dak Sevak Branch Postmaster of Bhuyanwash Branch Post Office with effect from 05.11.2013. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 01-Jul-2026 17:03:32 Signature Not Verified 4. He further submits that the Superintendent of Posts is to report the alleged commission of fraud and misappropriation before the local Police instead of reporting the same before the C.B.I directly. Further, no sanction has been obtained from the Government before lodging of the FIR. Hence, the lodging of FIR is bad and illegal. 5. Learned Retainer Counsel for the CBI strongly opposes the prayer. He submits that since the trial is in the advance stage, at this stage, quashing of the criminal proceeding will prejudice to the law and prosecuting agency. 6. Considering the submissions made by the learned counsel for the Petitioner and the learned counsel for the CBI, this Court is not inclined to accept the prayer as advanced by the learned counsel for the petitioner. Accordingly, the prayer for quashing of the criminal proceeding in connection with T.R Case No.07 of 2017 pending in the Court of the learned ADJ-Cum-Spl. Judge, (C.B.I-II), Bhubaneswar is rejected. 7. The CRLMC stands disposed of, accordingly. ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali