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2025 DAILYLAW 57740 (ORI)

AKASH BEHERA v. STATE OF ODISHA

CRLMC/3758/2025 · 2025-09-24

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3758 of 2025 1) Akash Behera ..... Petitioner 2) Arabinda Malik Represented By Adv. – Mr. Prakash Chandra Dash -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.09.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioners as well as 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 Cr.P.C., the Petitioners seek quashing of the entire criminal proceeding in G.R. Case No.20 of 2023, arising out of Nikirei P.S. Case No.12 of 2023, pending in the file of learned S.D.J.M., Kendrapara. 4. Learned counsel for the Petitioners, at the outset, contended that the Petitioners do not want to press this application and seek permission to withdraw the same with liberty to raise all the points at the appropriate stage by filing an appropriate application. Page 2 of 2. 5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for. 6. Further, taking into consideration the submission made by the learned counsel for the Petitioners that the Petitioners are ready and willing to cooperate with the trial, it is directed that if the Petitioners surrender in the aforesaid case in the first hour before the court of the learned S.D.J.M., Kendrapara within three weeks hence and make a motion for bail, the learned S.D.J.M., Kendrapara shall consider and dispose of the same strictly on the basis of the materials on record in the first hour. In case of rejection of the bail application, the Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record by maintaining the principles 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 Petitioners, if applied for. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis