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2025 DAILYLAW 80237 (ORI)

GUPTESWAR MENDILY v. STATE OF ODISHA

CRLMC/5284/2025 · 2025-12-16

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5284 of 2025 Gupteswar Mendily ..... Petitioner Represented by Adv. - Sk. Zafarulla -versus- State Of Odisha ..... Opp. Party Represented by Adv. – B.K. Sahu, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.12.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the parties and perused the records. 3. The present Criminal Miscellaneous Case has been filed by the Petitioner with a prayer to quash the entire criminal proceeding initiated against him in connection with Manamunda P.S Case No.07 of 2022, corresponding to Special Case (NDPS) No.05 of 2022, pending in the court of learned Additional Sessions Judge- cum-Special Judge, Kantamal. 4. Learned counsel for the Petitioner, at this juncture, submitted that the Petitioner does not want to press this application and seeks permission to withdraw the same with liberty to raise all the points at the appropriate stage by filing an appropriate application. 5. Considering such submission, this CRLMC stands disposed Page 2 of 2. of as withdrawn with the liberty as sought for. 6. Further, taking into consideration the submission made by the learned counsel for the Petitioner, without expressing any opinion on the merits of the matter it is directed that if the Petitioner surrenders before the court in seisin over the matter within four weeks from today and moves an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the court in seisin over the matter shall take into consideration the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge Anil Designation: Junior Stenographer