Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5218 of 2025 Jayanta Kumar Dehuri & Anr. ..... Petitioners
Represented By Adv. - Sarbeswar Sahoo -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 09.12.2025
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 528 of BNSS has been filed by the Petitioners with a prayer to quash the entire proceeding in connection with Nilagiri P.S Case No.363 of 2025, corresponding to C.T Case No.540 of 2025 in the file of learned SDJM, Nilgiri.
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 later stage by filing an appropriate application.
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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 that some of the co-accused persons have been enlarged on bail and that the Petitioners are ready and willing to cooperate with the trial, this Court grants liberty to the Petitioners to surrender before the learned SDJM, Nilgiri 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