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2025 DAILYLAW 57767 (ORI)

MANGU MALLIK v. STATE OF ODISHA

CRLMC/3813/2025 · 2025-09-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3813 of 2025 1) Mangu Mallik ..... Appellants 2) Sulekha Mallik 3) Alok Mallik 4) Litu Mallik@deepak Mallik 5) Mohan Charan Mallik@mohan Mallik 6) Sanju Mallik@sanjay Mallik Represented By Adv. - Amulya Ratna Panda -versus- State Of Odisha ..... Respondent Represented By Adv. - 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. On oral prayer of the learned counsel for the Petitioners, he is permitted to correct the address given in the cause title. Corrected copy be uploaded by Monday (22.09.2025).. 3. Heard learned counsel for the parties and perused the records. 4. This application under Section 528 of B.N.S.S., 2023 has been filed by the Petitioners with a prayer to quash the entire criminal proceeding in Jenapur P.S.Case No.193 of 2025 corresponding to C.T. Case No.1046 of 2025 pending in the file of the learned J.M.F.C., Chandikhole for alleged Page 2 of 3. commission of offences under Sections 329(4), 115(2), 118(1), 3(5) of B.N.S. 2023. 5. 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 grounds raised herein at a later stage. He further submitted that the Petitioners are ready and willing to surrender before the trial court and move an application for bail. 6. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 7. Further taking into consideration the submissions made by the learned counsel for the Petitioners that the Petitioner is ready and willing to surrender before the court below and cooperate with the trial, the Petitioners are granted liberty to surrender before the learned J.M.F.C., Chandikhole 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 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 principle of parity, if applicable. 8. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the Page 3 of 3. cost of the Petitioners, if applied for. 9. The CRLMC is disposed of accordingly. 10. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge RKS