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2025 DAILYLAW 871 (ORI)

LIPUN KUMAR SASMAL v. STATE OF ODISHA

CRLREV/1094/2025 · 2026-03-23

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.1094 of 2025 Lipun Kumar Sasmal …. Petitioner Mr. A. K. Das, Advocate -versus- State of Orissa …. Opposite Party Mr. U. R. Jena, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.03.2026 04. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. Assailing the order dated 29.06.2025 passed by the learned SDJM, Dhenkanal in connection with GR Case No.582 of 2025 taking cognizance of the offence under Sections 132/109(1)/3(5) of BNS read with Section 25(1-B)(a)/27(2) Arms Act, inter alia, on the ground that the Petitioner was not a named accused and was later on roped in on the basis of the co-accused statement, this criminal revision has been preferred. 3. Learned counsel for the State opposes such prayer. 4. Taking into account the materials on record, this Court is of the considered view that the plea as advanced does not come within the settled position of law in the case of State of Haryana vrs. Bhajan Lal, 1992 Supp (1) SCC 335. p. 2 In the light of the same, this Court is not inclined to entertain the application. 5. Liberty is granted to the Petitioner to raise all grounds that available in law at the stage of framing of charge. 6. It is made clear that in the event such an application is filed, the learned Court shall consider the same independently without being prejudiced by this order, which is at the stage of taking cognizance of the offence as already stated. 7. The Criminal Revision is accordingly disposed of. (V. Narasingh) Judge Jina