IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.841 of 2026 Niranjan Rout @ Dilu …. Petitioner(s) Mr. Bibhu Prasad Das, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Ms. Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 16.03.2026 I.A. No.709 of 2026 1. This matter is taken up through hybrid arrangement 2. This is an application for dispensing with the filing of the certified copy of the order dated 23.02.2026 passed by the S.D.M., Jajpur in Crl. Misc. Case No.305 of 2026 under Annexure-4. 3. Heard. 4. Considering the submissions advanced by the learned counsel for the respective parties and the averments taken in the I.A., filing of certified copy of the order dated 23.02.2026 passed by the S.D.M., Jajpur in Crl. Misc. Case No.305 of 2026 under Annexure-4 is hereby dispensed with. 5. Accordingly, the I.A. is disposed of. CRLMC No.841 of 2026 6. The Petitioner has approached this Court by filing the present application under Section 528 of BNSS seeking Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Mar-2026 18:28:36 Signature Not Verified quashing the order dated 23.02.2026 passed by the S.D.M., Jajpur in Crl. Misc. Case No.305 of 2026 under Annexure-4 so also the consequential proceedings against the Petitioner. 7. Heard. 8. Learned counsel for the Petitioner submits that, in the present case, the uncontroverted allegations made in the FIRs and the evidence collected till date do not disclose the commission of the alleged offences and do not make out a case against the Petitioner. It is further submitted that, during the pendency of the investigation, the S.D.M., Jajpur presuming the Petitioner to be guilty, issued the impugned order Annexure-4 without affording an opportunity of hearing and without adhering to settled principles of law. Hence, the impugned order/notice is liable to be set aside. 9. Learned counsel for the Petitioner further contends that the mandate of Section 135 of BNSS requires issuance of a show-cause notice prior to passing an order for execution of a bond for good behavior. However, in the present case, no such procedure was followed and the Petitioner was straightway directed to execute a bond, which reflects mala fide intent on the part of Opposite Party No.2. 10. Learned counsel for the Petitioner further contends that no incriminating material has been seized by the Investigating Officer, nor has any evidence been collected in support of the alleged offences. Despite this, the Petitioner is being branded as a habitual offender, even though he has no involvement in the FIRs lodged against him. 11. Learned counsel for the Petitioner further contends that the Petitioner has been falsely implicated and the proceedings in Crl. Misc. Case No.305 of 2026 have been initiated without following due process of law and in direct violation of the principles of natural justice. It is argued that the proceedings are is malicious, arbitrary and intended solely to harass the Petitioner. 12. Per contra, learned counsel for the State submits that the Petitioner is a habitual offender with a criminal background and involvement in multiple cases and therefore, there is no illegality or impropriety in the impugned order. 13. After hearing learned counsel for the respective parties and upon consideration of the available materials on record, this Court is of the view that the impugned order dated 23.02.2026 passed by the S.D.M., Jajpur passed in Crl. Misc. Case No.305 of 2026 cannot be sustained in law and is hereby quashed. 14. The S.D.M., Jajpur is directed to pass a fresh order in Crl. Misc. Case No.305 of 2026 after affording due opportunity of hearing to both the parties and in strict compliance with the principles of natural justice and the statutory mandate. 15. With the aforesaid observations and directions, the CRLMC stands disposed of. 16. Pending application (s), if any, shall stand disposed of. 17. Issue urgent certified copy of this order as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun