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2025 DAILYLAW 4073 (ORI)

UTKAL KESHRI KHUNTIA @ LULU v. STATE OF ODISHA

CRLMC/5675/2025 · 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.5675 of 2025 Utkal Keshri Khuntia @ Lulu ..... Petitioner Represented by Adv. – Mr. Prakash Chandra Dash -versus- 1) State of Odisha ..... Opposite Parties 2) Dhuba Charan Behera Represented by Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.01.2026 Order No. I.A. No.4017 of 2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application for dispensing with filing of certified copy of the FIR under Annexure-1. 3. Heard learned counsel appearing for the Petitioner. 4. Considering the submission made by the learned counsel for the Petitioner, the prayer is allowed and filing of certified copy of the FIR under Anneuxre-1 is dispensed with. 5. The I.A. is, accordingly, disposed of. CRLMC No.5675 of 2025 6. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party No.1. Perused the Page 2 of 3. CRLMC application as well as the prayer made therein. 7. By filing the present application under Section 482 of Cr.P.C., the Petitioner seeks quashing of the entire criminal proceeding in connection with T.R. Case No.70 of 2021, arising out of Patkura P.S. Case No.0245 of 2021, pending in the file of learned Sessions Judge-cum-Special Judge, Kendrapara. 8. Learned counsel for the Petitioner, at the outset, contended that the Petitioner does not want to press this application and seeks permission to withdraw the same with liberty to raise all the points at a later stage by filing an appropriate application. 9. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for. 10. Further, taking into consideration the submission made by the learned counsel for the Petitioner that the Petitioner is ready and willing to cooperate with the trial court and 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, it is directed that the Petitioner shall surrender before the learned Sessions Judge-cum-Special Judge, Kendrapara in the aforesaid case on or before 27th January, 2026 and move an application for bail. Seven days before the Petitioner surrenders before the said court, 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 Page 3 of 3. to the victim or his/her counsel or dependant to have his/her response on the bail application of the Petitioner by remaining present in the court in person or through counsel. 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 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 on the very same day. 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. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis