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Dhiraj Kumar Turuk @ Sinku Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Dhiraj Kumar Turuk @ Sinku Vs State of OdishaDhiraj Kumar Turuk @ Sinku v. State of Odisha

Dismissed

Dhiraj Kumar Turuk @ Sinku v. State of Odisha

Orissa HC10 Nov 2022BLAPL/10190/2022

Case brief

AI extract

What is this about?

This court disposed of a bail application filed under Section 439 Cr.P.C. by refusing to entertain it at the current stage where the matter was still under investigation by the lower court, directing the petitioner to approach the court below after the charge sheet is filed.

What did the court decide?

BLAPL stands disposed of; petitioner directed to move the court in seisin after filing of charge sheet.

What the court decided

AI extract

Outcome

BLAPL stands disposed of; petitioner directed to move the court in seisin after filing of charge sheet.

Issue for consideration

Whether a bail application filed in special court can be entertained when the matter was under investigation by the court below.

Detailed headnote1 paragraphs

An application for bail under Section 439 Cr.P.C. was not entertained by this Court as the matter in seisin was still under investigation. The Court directed the petitioner to file a fresh application before the learned Addl. Sessions Judge-cum-Special Judge only after the filing of the charge sheet, ensuring the matter is considered on its merits post-investigation.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10190 of 2022

Dhiraj Kumar Turuk @ Sinku …. Petitioner

Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

10.11.2022

Order No.

02.

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in T.R. Case No.110 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Pottangi P.S Case No.129 of 2022, for commission of the offence under Section 20(b)(ii)(C)/29 of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Koraput by order dated 11.10.2022 in the aforementioned case, the present BLAPL has been filed.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage.

Page 1 of 2

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

(V. NARASINGH)

Judge

PKS

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a bail application filed in special court can be entertained when the matter was under investigation by the court below.

Parties & counsel

AI extract

petitioner
Dhiraj Kumar Turuk @ Sinku
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 10 Nov 2022 · November
Registered: 17 Oct 2022
Case no.: BLAPL/10190/2022
CNR: ODHC010701222022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Dhiraj Kumar Turuk @ Sinku v. State of Odisha, BLAPL/10190/2022 (OD), decided on 10 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V. NARASINGH

Parties & counsel