Petitioner applied for cancellation of bail of respondent stating he lodged an FIR against the respondent for misutilization of liberty. State informed no such FIR was lodged. Court disposed of application as no further action was taken by petitioner.
Application disposed of; certified copy issued.
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CRLMA No.7 of 2021
Satyabhama Dalai … Petitioner
-Versus-
1. State of Odisha
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439(2) of Cr.P.C. filed by the petitioner for cancellation of bail of the opp. party no.2 granted by the learned Additional Sessions Judge -cumAdditional Special Judge, Vigilance, Cuttack in BLAPL No.344 of 2019 as per order dated 05.04.2019 which arises out G.R. Case No.515 of 2019 pending in the Court of learned J.M.F.C.(Rural), Cuttack.
The main ground taken in the application is that the opposite party no.2 Ramesh Chandra Singh has misutilized his liberty after being released on bail and in that respect, a report has been lodged before Cuttack Sadar police station but no action has been taken thereon.
Learned counsel for the State as per order dated 26.02.2021 was asked to obtain instruction from the Inspector in-charge of Cuttack Sadar police station about such report, if any, lodged by the petitioner on 08.01.2021.
Today, learned counsel for the State on instruction submitted that no such report has been lodged before the Cuttack Sadar police station.
Learned counsel for the petitioner fairly submitted that against the inaction of the Inspector in-charge of Cuttack Sadar police station, the petitioner has not taken the next course of action before the appropriate authorities in accordance with law and he further submitted that the petitioner will take necessary steps in that regard.
In view of such submission, this CRLMA is disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether bail of the opposite party no.2 should be cancelled on the ground of alleged misutilization of liberty due to alleged inaction by police?
1 provisions across 1 enactments
Satyabhama Dalai
State of Odisha
Ramesh Chandra Singh
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
