Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3108 of 2025 Akshya Martha ..... Appellant Represented By Adv. - Arjuna Charana Behera -versus- 1) State Of Odisha ..... Respondents 2) Banambar Rout Represented By Adv. - CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.08.2025 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 application under Section 528 of BNSS, 2023 has been filed by the Petitioner with a prayer to quash the entire criminal proceeding in Jodapadar P.S.Case No.101 of 2025 corresponding to G.R.Case No.228 of 2025 pending in the Court of the learned J.M.F.C., Kanas for alleged commission of offences under Sections 85/108 and 3(5) of the BNS 2023 read with Section 4 of the D.P. Act. 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 grounds raised herein, at the time of consideration of charge Page 2 of 2. by filing a discharge petition. 5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 6. Taking into consideration the submissions made by the learned counsel for the Petitioner, the Petitioner is granted liberty to surrender before the learned J.M.F.C., Kanas in the aforesaid case in the first hour within 21 working days 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 by applying the principle 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 RKS Designation: AR-CUM-Senior Secretary