Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3603 of 2025 Suna Bisoi & Ors. ..... Petitioners
Represented By Adv. - Tukuna Kumar Mishra -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 20.09.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the application as well as the documents annexed thereto.
3. This is an application under Section 528 of B.N.S.S. has been filed by the Petitioners with a prayer to quash the criminal proceeding in 1.C.C. case No.128 of 2009, now pending in the Court of learned S.D.J.M., Jeypore, for alleged commission of offences under Sections 294, 323, 506, 34 of I.P.C. read with Sections 3(1)(x) of SC & ST (PoA) Act.
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
Page 2 of 3. later stage by filing an appropriate petition.
5. Considering the submission made, this CRLMC stands
disposed of as not pressed.
6. Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present application is being disposed of with the following observations.
7. The Petitioners shall surrender before the learned S.D.J.M., Jeypore within four weeks. Seven days before the Petitioners surrender before the said Court, they or their 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 to the victim or his/her counsel or dependent.
8. 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 learned Court in seisin over the matter is further directed to consider the case of the Petitioners in accordance with law and shall dispose of the bail application on the very same day within a period of four weeks strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.
9. Till the date of surrender of the Petitioners as stipulated in this order, the Petitioners shall not be arrested in connection with
Page 3 of 3. the aforesaid case.
10. Accordingly, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge Anil
Designation: Junior Stenographer