Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 29669 (ORI)

GOURISHANKAR BEHERA @ TABLU @ GOURAV v. STATE OF ODISHA

CRLMC/1587/2025 · 2025-07-31

Aditya Kumar Mohapatra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1587 of 2025 Gourishankar Behera @ Tablu @ Gourav ..... Appellant Represented By Adv. - Rabindra Nath Prusty -versus- 1) State Of Odisha ..... Respondents 2) Elora Madhusmita Behera Represented By Adv. - Satya Ranjan Mulia S.chatamba R.r.nayak Mr.U.R.Jena, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 31.07.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the parties and perused the records. 3. This application under Section 528 of BNSS, 2023 has been filed by the Petitioner with a prayer to quash the entire criminal proceeding in C.T.(Spl) Case No.05 of 2025 corresponding to NALCO Township P.S.Case No.78 of 2025 pending in the court of the learned Special Judge, Special Court, Angul for alleged commission of offences under Sections 3(1)(r),3(1)(s), 3(2)(v) of S.C. & S.T.(PoA) Act and 296, 351(2) and 69 of BNS, 2023. 4. Learned counsel for the Petitioner during course of Page 2 of 3. argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the grounds raised herein, at the time of consideration of charge by filing a discharge petition. 5. Considering the submission made, this CRLMC stands disposed of as not pressed. 6. Further, this Court observes that in the light of the principle laid down by this Court in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309, the present application is being disposed of with the following observations. 7. The Petitioner shall surrender before the learned Special Judge, Special Court, Angul in C.T.(Spl) Case No.05 of 2025 corresponding to NALCO Township P.S.Case No.78 of 2025 on or before 29.08.2025 for commission of alleged offences mentioned above. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or her counsel or dependent. 8. Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the bail application Page 3 of 3. on the very same day strictly on the basis of the materials on record. 9. Till the date of surrender of the Petitioner as stipulated in this order, the Petitioner shall not be arrested in connection with the aforesaid case. 10. The CRLMC is accordingly disposed of. 11. Issue urgent certified copy as per Rules. ( Aditya Kumar Mohapatra) Judge RKS Designation: AR-CUM-Senior Secretary