IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 158 of 2023 1. Bharati Patra 2. Rasmirekha Mohanty …. Petitioners Mr. Manoj Kumar Mohanty, Advocate -versus- State of Odisha (Vigilance) …. Opposite Party Mr. N. Maharana, Additional Standing Counsel (Vigilance) CRLMC No. 1224 of 2023 1. Bharati Patra 2. Rasmirekha Mohanty …. Petitioners Mr. Manoj Kumar Mohanty, Advocate -versus- State of Odisha (Vigilance) …. Opposite Party Mr. N. Maharana, Additional Standing Counsel (Vigilance) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 19.05.2026 11. (Through hybrid mode) 1. CRLMC No. 158 of 2023 and CRLMC No. 1224 of 2023 had been posted for judgment on 14.05.2026. 2. As it had come to the notice of the Court that before these two matters were heard, an application for discharge had filed by the Petitioners before the learned trial Court had been rejected and challenging this order, the Petitioners had filed Criminal Revision No. 597 of 2024 in this Court, judgment was not pronounced on that date and the three cases were directed to be listed under the heading “To be mentioned”. 3. Accordingly, these three cases have been listed today under the heading „To Be Mentioned‟. 4. Mr. Mohanty, learned counsel for the petitioners in CRLMC No. 158 of 2023 and CRLMC No. 1224 of 2023 submits that he is not the counsel in CRLREV No. 597 of 2024, hence, there was no scope for him to bring to the notice of the Court regarding filing of CRLREV No. 597 of 2024. This was also not brought to the notice of the Court, by the counsel for the Vigilance. 5. Mr. Mohanty, learned counsel for the petitioners also submits that even if, application for discharge of the petitioners has been rejected after filing of the CRLMC No. 158 of 2023 and CRLMC No. 1224 of 2023, the two CRLMCs can be heard on merit as apart from prayer for quashing the order of cognizance, prayer has also been made for quashing the entire proceeding. 6. Mr. N. Maharana, learned Additional Standing Counsel vehemently disputes the said submission and draws my attention to the prayers in the CRLMCs. Page 3 of 4 7. Prayer in CRLMC No. 158 of 2023 extracted below: “The petitioners most respectfully pray that the Hon'ble Court may be graciously pleased to allow the petition, quash the FIR Registered as Berhampur Vigilance P.S. Case No.43 of 2010 corresponding to corresponding to G.R. No. 45 of 2010 (Vig.) on the file of Learned Judge, Vigilance Court, Berhampur which has been registered under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and 120-B of I.P.C in respect of the petitioners and pass such order or further order or order as are deemed just and proper.” 8. Prayer in CRLMC No. 1224 of 2023 is as follows: “The petitioners most respectfully pray that the Hon'ble Court may be graciously pleased to allow the petition, quash order dated 06.05.2021 passed by the Special Judge (Vig), Berhampur in G.R. Case No. 45 of 2010 (Vig.) under annexure-2 and pass such other or further order or orders as are deemed just and proper.” 9. Mr. Mohanty, learned counsel for the petitioner insists that since the petitioners have challenged the FIR and the order of cognizance, that means that the entire proceedings have been challenged. Hence, these CRLMCs should be heard and disposed of on merit. 10. In view of the specific prayers in the CRLMCs, which have been quoted above and as the petitioners have subsequently challenged the rejection of their application for discharge in Criminal Revision No. 597 of 2024 which is pending, I am of the view that there is no necessity for deciding these two CRLMCs on merit. 11. CRLMC No. 158 of 2023 and CRLMC No. 1224 of 2023 are therefore dismissed as infructuous. 12. As no counsel appears in CRLREV No. 597 of 2024, list this matter on 29.06.2026. 13. In CRLREV No. 597 of 2024, the Registry is directed to call for a status report from the learned trial Court. (Savitri Ratho) Judge Subhalaxmi SAHOO