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2025 DAILYLAW 2403 (ORI)

NIRUPAMA SAHOO v. STATE OF ODISHA

CRLMC/5256/2025 · 2026-01-06

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5256 of 2025 1) Nirupama Sahoo ..... Petitioners 2) Suchitra Sahoo Represented by Adv. - Amlan Shakti Paul -versus- State Of Orissa ..... Opposite Party Mr. U.R. Jena, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.01.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 528 of BNSS, the Petitioners seek to invoke the inherent power of this Court for a direction to the learned S.D.J.M., Keonjhar to allow the petition filed by the Petitioners under Section 317 of Cr.P.C. in connection with G.R. Case No.451 of 2016, pending before the learned S.D.J.M., Keonjhar and corresponds to Keonjhar Town P.S. Case No.101 of 2016. The above noted case was registered for alleged commission of offence punishable under Sections 420, 294, 506, 468, 471 & 34 of IPC. Page 2 of 3. 4. Learned counsel for the Petitioners at the outset contended that both the Petitioners are public servants, therefore, there is no chance of absconding or flouting the orders likely to be passed by the learned trial Court. It was also contended that taking into consideration the nature of the allegation and the offences alleged, the personal appearance of the Petitioners may not be required during trial and that the Petitioners are ready and willing to furnish an undertaking to that effect. On such ground, learned counsel for the Petitioners prayed for exemption of personal appearance of the Petitioners before the Court during trial. 5. Learned counsel for the State on the other hand submitted that the present application is a premature one as the Petitioners have not approached the learned trial Court first. Further, drawing attention of this Court to the order dated 26.12.2023 passed in G.R. No.451 of 2016 by the learned S.D.J.M., Keonjhar, by which the Petitioners were released on bail, learned counsel for the Petitioners contended that a condition has been imposed with regard to appearance of the Petitioners in person before the Court on each date of posting till conclusion of the trial. In such view of the matter, learned counsel for the State contended that the Petitioners should have prayed for modification of such condition in the event the same causes inconvenience to the Petitioners by approaching the learned trial Court first. 6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the surrounding facts and circumstances, further taking note of order dated 26.12.2023, this Court deems it proper to dispose of the application by granting liberty to the Petitioners to approach the learned trial Court to move Page 3 of 3. an application for modification of the condition imposed on the Petitioners while releasing them on bail vide order dated 26.12.2023. In the event any such application is filed within two weeks from today along with a copy of today’s order, the learned trial Court shall pass necessary orders in accordance with law within four weeks thereafter. 7. With the aforesaid observation/direction, the CRLMC application stands disposed of. ( Aditya Kumar Mohapatra ) Judge S.K. Rout