Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3814 of 2025 Budhia@prafulla Mahakud ..... Appellant Represented By Adv. - Amulya Ratna Panda -versus- State Of Odisha ..... Respondent Represented By Adv. – Mr.U.C.Jerna, ASC 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 parties and perused the records. 3. This application under Section 528 of B.N.S.S., 2023 has been filed by the Petitioner with a prayer to quash the entire criminal proceeding in Nilagiri P.S.Case No.132 of 2025 corresponding to C.T.Case No.224 of 2025 pending in the file of the learned S.D.J.M., Nilagiri for alleged commission of offence under Section 310(2) of BNS, 2023. 4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the grounds raised herein at a later stage. He further submitted that the Petitioner is ready and willing to surrender before Page 2 of 2. the trial court and move an application for bail. 5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 6. Further taking into consideration the submissions made by the learned counsel for the Petitioner that the Petitioner is ready and willing to surrender before the court below and cooperate with the trial, the Petitioner is granted liberty to surrender before the learned S.D.J.M., Nilagiri 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 maintaining the principle 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 Petitioner, if applied for. 8. The CRLMC is disposed of accordingly. ( Aditya Kumar Mohapatra) Judge RKS