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2026 DAILYLAW 3086 (ORI)

ANTARYAMI BEHERA v. STATE OF ODISHA

CRLMC/635/2026 · 2026-02-27

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 635 of 2026 Antaryami Behera & Ors. ..…... Petitioner(s) Mr. Niranjan Behera, Adv. -Versus- State of Odisha & Anr. ……. Opposite Party(s) Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 27.02.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard. 3. This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding initiated against the Petitioners in S.T. Case No.404 of 2025 corresponding to G.R. Case No.813 of 2013, arising out of Badabazar P.S. Case No.121 of 2013 pending in the Court of the learned Sessions Judge, Berhampur. 4. Learned counsel for the Petitioners submits that the allegation of miscarriage and physical cruelty against the present Petitioners is completely false and fabricated. The I.O. did not seize any type of medical reports regarding miscarriage and physical cruelty on the informant. He further submits that, based on the statement of the Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 27-Feb-2026 18:51:24 Signature Not Verified 2 informant, the I.O. had conducted the investigation and submitted charge sheet against the Petitioners. But, in the FIR story, different allegations are made against the Petitioners. 5. Learned counsel for the Petitioners further contends that the informant has filed a D.V. Misc. before the learned S.D.J.M., Berhampur against the Petitioners. He further submits that the principal accused and the father-in-law of the informant have died in the meantime. Hence, the proceedings initiated against the Petitioners may be quashed. 6. Having heard from both the sides and upon perusal of the material on records, there appears no ground at this stage to interfere with the Criminal Proceeding which prima facie makes out commission of the alleged offences. Hence, the application for quashing of the Criminal Proceeding is rejected. However, the Petitioners can file an appropriate petition before the trial court for getting discharge of the offences. In such event, the trial court shall dispose of the discharge petition to be filed by the Petitioners considering the factum of the death of the father-in-law and husband of the informant. 7. Accordingly, the CRLMC is disposed of. 8. ( Dr. Sanjeeb K Panigrahi) Judge Murmu