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2025 DAILYLAW 313 (ORI)

ANANA BEHERA v. STATE OF ODISHA

CRLMC/5688/2025 · 2026-01-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5688 of 2025 1) Anana Behera ..... Petitioners 2) Abhi Sankar Sahu 3) Pramoda Kumar Sahu Represented by Adv. - Bhabani Shankar Dasparida -versus- 1) State Of Odisha ..... Opposite Parties 2) Bhagyarathi Mallick@babula Represented by Adv. – Mr. U.C.Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 08.01.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Learned counsel for the Petitioners at the outset submitted that although the Petitioners have prayed for quashing of the entire criminal proceeding however at this juncture he does not want to press this application with liberty to challenge the same by filing a discharge application. In such view of the matter, the present application is disposed of with a liberty as prayed for. 3. Heard learned counsel for the Petitioners and learned Additional Standing Advocate for the State. Perused the records. 4. The Petitioners are apprehending arrest for the alleged Page 2 of 3. commission of offence under Sections 143, 147, 148, 294, 323, 324, 325, 506, 307, 427, 435, 326, 337, 149 of I.P.C. read with Section 25/27 of the Arms Act along with Section 3 of the Explosive Substance Act and Section 3(1)(r)(s)/3(2)(v) of SC/ST (PoA) Act. In view of the bar under Section 143, 147, 148, 294, 323, 324, 325, 506, 307, 427, 435, 326, 337, 149 of I.P.C. read with Section 25/27 of the Arms Act along with Section 3 of the Explosive Substance Act and Section 3(1)(r)(s)/3(2)(v) of SC/ST (PoA) Act, the present application under Section 482 Cr.P.C. is not maintainable. The provision of Section 482 Cr.P.C. is not applicable to the case registered involving an offence under the S.C. & S.T. Act. 5. Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail application is being disposed of with the following observations. 6. The Petitioners shall surrender before the learned Special Judge, Boudh in Special case (SC & ST) No.11 of 2022 arising out of Manamunda P.S.Case No.49 of 2022 on or before 29.01.2026. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the application or such number of copies of the application on the learned Public Prosecutor/Special Public Prosecutor, as required by them, for the purpose of notice to the victim or his/her Page 3 of 3. counsel or dependent. 7. 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 Petitioners in accordance with law and shall dispose of the application on the very same day. 8. The CRLMC is accordingly disposed of. 9. Issue urgent certified copy as per Rules. Rubi ( A.K. Mohapatra ) Judge