Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 54550 (ORI)

MANOJ KUMAR NAIK v. STATE OF ODISHA

CRLMC/3484/2025 · 2025-09-09

Aditya Kumar Mohapatra

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3484 of 2025 Manoj Kumar Naik ..... Appellant Represented By Adv. - Biraja Prasad Nanda -versus- State Of Odisha ..... Respondent Represented By Adv. – Mr.S.K.Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.09.2025 Order No. 01. I.A.NO. 2363 OF 2025 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 F.I.R. 3. Filing of certified copy of F.I.R. is dispensed with. 4. The I.A. is accordingly disposed of. CRLMC NO.3484 OF 2025 5. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 6. Heard learned counsel for the parties and perused the records. 7. This application under Section 482 Cr.P.C. has been Page 2 of 3. filed by the Petitioner with a prayer to quash the criminal proceeding in connection with NTPC P.S.Case No.54 of 2023 corresponding to G.R.Case No.433 of 2023 now pending in the Court of the learned S.D.J.M., Talcher for alleged commission of offences under Sections 395, 397 & 412 of the Indian Penal Code read with Section 25 & 27 of the Arms Act. 8. Learned counsel for the Petitioner during course of argument submits that the Petitioners do 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 by filing a discharge petition. 9. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 10. However, taking into consideration the submissions of the learned counsel for the Petitioner that some of the co- accused persons have been released on bail, the Petitioner is directed to surrender before the learned S.D.J.M., Talcher 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 Page 3 of 3. of parity. 11. 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. 12. The CRLMC is disposed of accordingly. 13. Urgent certified copy of this order be granted as per Rules. ( Aditya Kumar Mohapatra) Judge RKS Designation: AR-CUM-Senior Secretary