IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.385 of 2025 Chinmaya Kumar Dash …. Petitioner Mr. Pranaya Kumar Swain, Advocate -versus- State of Odisha & others …. Opp. Parties Mr.S.J.Mohanty, ASC and Mr. Biswan Chandan Mohanty, Advocate for O.P. No.2 CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 17.02.2025 02. 1. The petitioner is aggrieved by the order dated 23.09.2024 passed by the learned J.M.F.C.-IV, Cuttack whereby the cognizance of the offences punishable under Sections 302/201/34 of the IPC has been taken against the petitioner on the protest petition filed by the opposite party No.2. 2. The opposite party No.2 had filed an application under Section 156(3) of the Cr. P.C. on the basis of the direction of the learned J.M.F.C. (City), Cuttack the F.I.R being Madhupatna P.S. Case No.17 of 2019 corresponding to G.R. Case No.282 of 2019 for the alleged commission of the offences punishable under Sections 420/307/109/365/34 of the IPC was registered. 3. After the investigation, the closure report was filed by the police. 4. The opposite party No.2/informant had filed the protest petition. 5. I have perused the protest petition. Specific allegations have been made against the petitioner. From the statement of the witnesses recorded under Section 202 Cr. P.C. and the averments made in the complaint/protest petition under Section 200 Cr. P.C., the learned Court below has taken cognizance against the petitioner by the impugned order. The petitioner is seeking indulgence of this Court at this stage for quashing of the same. I am not inclined to give indulgence to the petitioner in the present petition at this stage. 6. Learned counsel for the petitioner submits that by the impugned order dated 23.09.2024, the learned trial Court has also issued the NBW. 7. Learned counsel for the petitioner, on instruction from his client, further submits that, the petitioner would appear/surrender before the trial Court on or before 30.03.2025 and resort to the remedy available to him under law. He submits that in view of the nature of the allegations and the evidence born out from the record, he is entitled for bail. 8. I am not expressing any opinion on the merit of the case. However, the order of NBW dated 23.09.2024 passed by the learned J.M.F.C.-IV, Cuttack is set aside, subject to the petitioner appearing/surrendering before the trial Court on or before 30.03.2025 and resort to the remedy available to him under law. Liberty is granted to the petitioner to urge all the points before the trial Court while pressing the bail plea. If such application is moved by the petitioner, the same shall be considered by the Courts below on its own merit on the basis of the materials available on record on the same day. Till 30.03.2025, no coercive action shall be taken against the petitioner. 9. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.