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2026 DAILYLAW 25916 (ORI)

SANDHYA RANI PARIDA v. MAMATA MALLIK

CRLREV/98/2026 · 2026-07-13

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.98 of 2026 Sandhya Rani Parida … Petitioner Mr. B. Tripathy, Advocate -versus- 1. Mamata Mallik 2. Guru Charan Mallik 3. Muthoot Finance Pvt. Ltd., Link Road, Arunodaya Market …. Opposite Parties Mr. A. N. Das, Advocate CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.07.2026 09. 1. Learned counsel, Mr. A. N. Das, appears on behalf of Opposite Party No.1 and 2. There was no appearance on behalf of Opposite Party No.3 when the matter is called. 2. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties. 3. Being aggrieved by the order passed by the learned JMFC, Cuttack dated 22.12.2025 in Crl. Misc. Case No.111 of 2023 arising out of 1.C.C. Case No.342 of 2023 rejecting the prayer of the Petitioner- Complainant for release of the Gold ornaments kept as mortgage in Gold Account No.1784/MDL/002677 & 1784/MUL/13443 in exercise of powers under Section p. 2 451 of Cr.P.C., the present revision petition has been preferred. 4. In terms of the order dated 22.06.2026, status report regarding the stage of trial has been received indicating that the trial is likely to be concluded by end of November, 2026. 5. Referring to the same, learned counsel for the Opposite Party submits that the prayer for release ought not to be entertained. 6. A valuation report regarding the gold valuation certificate regarding the ornament has been submitted. The same is on record and shall be treated as a part of this order which indicates that the value of such ornaments is Rs.8,01,798/-. 7. Learned counsel for the Petitioner submits that since admittedly the loan along with the accrued interest comes to about Rs.4,00,000/-, the Petitioner may be permitted to take the Gold on furnishing the security of such amount. 8. Considering the rival submissions in view of the lis, which is pending, this Court directs that on Petitioner’s furnishing Bank guarantee of Rs.8,02,000/- which shall be initially valid for a period of one year and shall be extended before expiry, in the event, the trial is not concluded, the Gold items as stated in the Gold valuation certificate shall be released in favour of the Petitioner subject to final out-come of the lis, on further conditions to be p. 3 imposed by the learned Trial Court to ensure that the identity of the ornaments are not tampered with. The learned Court is requested to make an endeavour to conclude the trial by November, 2026 as indicated. 9. Accordingly, the criminal revision stands disposed of. (V. NARASINGH) Judge Jina