Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1801 of 2025 Susanta Behera ..... Petitioner Represented By Adv. - Sanjay Kumar Pradhan -versus- State Of Odisha ..... Opp. Party Represented By Adv. – U.C. Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.07.2025 Order No. 01. 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 is an application under Section 528 of the B.N.S.S. has been filed by the Petitioner with a prayer to quash the order dt.13.02.2025 passed in G.R. Case No.1266 of 2024(A) arising out of Kotinada P.S. Case No.194 of 2024 pending before the learned J.M.F.C., Aska, for alleged commission of offences under Sections 108, 3(5) of B.N.S. 4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the points at the time of framing of charge by filing a discharge petition. Page 2 of 2. 5. Considering the submission made, this CRLMC stands disposed of as not pressed. 6. However, it is observed that if the Petitioner surrenders before the learned J.M.F.C., Aska in the aforesaid case in the first hour within 14 working days hence and moves for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 7. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 8. Accordingly, the CRLMC is disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Anil Designation: Junior Stenographer