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2026 DAILYLAW 3271 (ORI)

SAROJ KUMAR SWAIN v. STATE OF ODISHA

CRLREV/251/2026 · 2026-04-09

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.251 of 2026 Saroj Kumar Swain … Petitioner Mr. S. K. Mohanty, Advocate -versus- 1. State of Odisha 2. Archana Mohapatra …. Opposite Parties Mr. M. R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Parties. 2. This Criminal Revision has been filed assailing the order dated 06.03.2026 passed by the learned Addl. Session Judge-cum-Special Judge (Vigilance), Angul in C.T.(S) Case No.578/2025 rejecting the prayer of the Petitioner to discharge him from the offences under Sections 85 and 109(1) of BNS. 3. It is submitted by the learned counsel for the Petitioner that even if the entire allegations as levelled by the prosecution are accepted at its face value, no offence, inter alia, under Sections 85 and 109(1) of BNS is made out. 4. To test the veracity of such submission, this Court perused the statements of the complainant as well as one of the independent witnesses, a Security Guard, namely, Jaya Nayak and the other statements on record. On perusal of the same, keeping in view the dictum of the Apex Court in the case of State of Odisha vrs. Debendra Nath Padhi, (2005) 1 SCC 568, this Court is not inclined to entertain the application. 5. Accordingly, this criminal revision stands disposed of. (V. NARASINGH) Judge Jina