Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5027 of 2025 Debu @ Prakash Das ..... Petitioner
Represented By Adv. - Kuldeep Mohanty -versus- State Of Odisha ..... Opp. Party
Represented By Adv. – Sasmita Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 29.11.2025
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 the Cr.P.C has been filed by the Petitioner with a prayer to quash the initiation of criminal proceeding in connection with Rupsa P.S Case No.67 of 2022 which corresponds to C.T Case No.851 of 2022 in the file of learned JMFC (Rural), Balasore.
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 points at a later stage by filing an appropriate application.
5. Considering the submission made, this CRLMC stands
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disposed of as not pressed with liberty as prayed for.
6. Further, taking into consideration the submissions made by
learned counsel for the Petitioner that some of the co-accused persons have been enlarged on bail, this Court grants liberty to the Petitioner to surrender before the learned JMFC (Rural), Balasore in the aforesaid case in the first hour within four weeks 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 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 Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, 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