Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 353 of 2026
Jagabandhu Padhi & Anr.
..…... Petitioner(s) Mr. Supriyo Ranjan Mahapatra, Adv.
-Versus-
State of Odisha & Anr.
……. Opposite Party(s) Ms. Gayatri Patra, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
03.02.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioners have filed this CRLMC with a prayer to quash the FIR vide Chandiposh P.S. Case No.35 of 2025 lodged against the Petitioners under Section 316(4),318(3),324(5), 3(5) of Bharatiya Nyaya Sanhita, 2023.
4. Learned counsel for the Petitioners submits that the Petitioners are the Directors of M/s. SMS Carbon and Minerals Pvt. Ltd. and M/s. SMS Logistics supplying various grades of imported steam coal through Visakhapatnam Port. He further submits that the criminal proceeding emanates from a written complaint lodged by one Rexon’s Directors before the Chandiposh Police Station Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 04-Feb-2026 17:45:01 Signature Not Verified
2
alleging cheating, criminal breach of trust, misappropriation and financial loss arising out of the procurement and supply of coal and sponge iron.
5. Learned counsel for the Petitioners further contends that continuation of criminal proceedings in absence of incriminating material would subject the Petitioners to unwarranted harassment. Hence, the criminal proceeding initiated against the Petitioners may be quashed.
6. Learned counsel for the State submits that since the matter pertaining to criminal breach of trust as portrayed in the FIR, quashing of criminal proceeding at this stage is likely to cause miscarries of justice.
7. 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 F.I.R. which prima facie makes out commission of the alleged offences. Hence, the application for quashing of the F.I.R. is rejected.
8. Accordingly, the CRLMC is dismissed.
( Dr. Sanjeeb K Panigrahi)
Judge Murmu Designation: P.A.