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2025 DAILYLAW 57747 (ORI)

KALIA @ KALANDI MALIK v. STATE OF ODISHA

CRLMC/3999/2025 · 2025-10-23

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3999 of 2025 1) Kalia @ Kalandi Malik ..... Petitioners 2) Mandia @ Santosh Malik Represented By Adv. - Deepak Kumar Sahoo -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. U.C.Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.10.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned counsel for the State. Perused the records. 3. The present application has been filed by the Petitioners with a prayer to quash the entire criminal proceeding arising out of Nikirai P.S. Case No.248 of 2025, corresponding to G.R. Case No.342 of 2025, pending before the Court of learned J.M.F.C.(CT) Court, Kendrapara. 4. Learned counsel for the Petitioners at the outset contended that the Petitioners do not want to press this application at this juncture with liberty to raise the grounds in later stage for filing an appropriate application. Accordingly, the application stands disposed of with liberty as prayed for. 5. However, on the submission of the leaned counsel, the Page 2 of 2. Petitioners are given liberty to surrender before the learned J.M.F.C.(CT) Court, Kendrapara, 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 their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the 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 present 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. 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. 6. The CRLMC is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( Aditya Kumar Mohapatra ) Judge Rubi