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2025 DAILYLAW 442 (ORI)

ISHYADAS PARICHHA v. STATE OF ODISHA

CRLMC/4985/2025 · 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.4985 of 2025 Ishyadas Parichha ..... Petitioner Represented by Adv. - Kailash Behera -versus- State Of Odisha ..... Opp. Party Represented by Adv. – B.K. Sahu, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2026 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner and learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 of the Cr.P.C which corresponds to Section 528 of the BNSS, the Petitioner seeks quashing of the entire criminal proceeding arising out of Khurda Road GRP P.S Case No.71 of 2024 which corresponds to G.R Case No.443 of 2024 now pending in the file of learned JMFC, Jatni which was registered at the instance of the complainant-Brham Pal, S.I, Crime Unit, Gurugram for commission of an offence punishable under Section 224 of IPC. 4. On perusal of the FIR it appears that while the petitioner was Page 2 of 3. in the process of transit from his native place to Gurugram after being arrested by the Crime Unit of Gurugram laid by the complainant, the petitioner escaped from the train with the handcuff while he was in police custody. Accordingly, the present FIR was lodged at the instance of the complainant. On a perusal of the allegation made in FIR and accepting the same to be correct at its face value, a case is well made out against the present Petitioner under section 224 of the IPC. Hence, this Court is not inclined to quash the entire criminal proceeding. Accordingly, the prayer for quashing of the entire criminal proceeding is rejected at this stage. 5. However, liberty is granted to the Petitioner to move an appropriate application at a later stage and in such eventuality such application shall be considered on the basis of the materials which are likely to be collected during investigation. 6. Accordingly, the CRLMC stands disposed of. 7. Further, considering the submissions made by learned counsel for the Petitioner, the Petitioner is granted liberty to surrender before the learned JMFC, Jatni in the aforesaid case in the first hour within four weeks hence and move 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. 8. Case Diary be made available to the concerned courts on an Page 3 of 3. application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. ( Aditya Kumar Mohapatra) Judge Anil Designation: Junior Stenographer