RAHUL KUMAR ROUTRAY@BABLU@RAHUL RAOUTARA v. STATE OF ODISHA
CRLMC/5636/2025 · 2026-01-06
Aditya Kumar Mohapatra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3474 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3474 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5636 of 2025 Rahul Kumar Routray @ Bablu @ Rahul Raoutara & Ors. ..... Petitioners
Represented by Adv. - Sushanta Kumar Samantaray -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 06.01.2026
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 BNSS has been filed by the Petitioners with a prayer to quash the initiation of criminal proceeding in connection with Tangi P.S Case No.403 of 2025 which corresponds to G.R Case No.1823 of 2025 pending in the court of the learned JMFC-II (Cog. Taking), Cuttack.
4.
Learned counsel for the Petitioners during course of argument submits that the Petitioners do not want to press this application with liberty to the Petitioners to raise all the points at a later stage by filing an appropriate application.
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5. Considering the submission made, this CRLMC stands
disposed of as not pressed with liberty as prayed for.
6. Further, taking into consideration the submissions made by
learned counsel for the Petitioners that some of the co-accused persons have been enlarged on bail and the Petitioners are ready and willing to cooperate with the learned trial court, this Court grants liberty to the Petitioners to surrender before the learned JMFC-II (Cog. Taking), Cuttack in the aforesaid case in the first hour within three weeks hence and move for bail. On such event, the learned Magistrate shall consider their 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 Petitioners 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 Petitioners 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 on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge Anil
Designation: Junior Stenographer