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2025 DAILYLAW 69460 (ORI)

GITA RAHA v. STATE OF ODISHA

CRLMC/1614/2025 · 2025-09-25

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1614 of 2025 1) Gita Raha ..... Petitioners 2) Paresh Dash Represented By Adv. - Karunakar Rath -versus- State Of Odisha ..... Opp. Party Represented By Adv. – S.K. Parhi, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.09.2025 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 is an application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the NBW order dated 16.11.2024 in G.R. Case No.1951 of 2019 arising out of Mahila P.S. Case No.124 of 2019 pending before the learned S.D.J.M.(S), Cuttack, for alleged commission of offences under Sections 498(A), 323, 420 & 34 of I.P.C. read with section 4 of D.P. 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 2. later stage by filing an appropriate application. 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 learned counsel for the Petitioners, this Court grants liberty to the Petitioners to surrender before the learned S.D.J.M.(S), Cuttack in the aforesaid case in the first hour within four weeks 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 principles of parity, if applicable. 7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for. 8. Accordingly, the CRLMC is disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Anil Designation: Junior Stenographer