Disposed

Upendra Sahu@Illa v. State of Odisha

Orissa HC10 Mar 2022CRLMC/2679/2021

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application seeking quashing of FIR, the High Court of Orissa disposed of the matter by directing the petitioner to surrender within 15 days. It issued directions for expedited disposal of the bail application by the lower court and the higher forum if the bail is rejected.

What did the court decide?

Petitioner directed to surrender within 15 days; lower court to consider bail on same day after surrender; higher court to dispose on merits if lower court rejects bail.

Upendra Sahu@Illa Vs State of Odisha — Quashing and FIR | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 2679 OF 2021

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Upendra Sahu@ Illa ……… Petitioner Mr. B.K. Nayak, Adv.

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-versus-

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State of Odisha

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...……… Opposite Party Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER
10.03.2022

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Order No. 04.

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This matter is taken up through Hybrid Mode. 2. Heard Mr. B.K. Nayak, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

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This is an application under Section-482 Cr.P.C. for quashing the proceeding on the file of the learned J.M.F.C., Pipili in connection with G.R. Case No. 325 of 2020 arising out of Pipili P. S. Case No. 224 of 2020.

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Taking into consideration the facts and submissions, this CRLMC is disposed of with the observation that the petitioners, if so advised, may surrender before the learned J.M.F.C., Pipili in connection with G.R. Case No. 325 of 2020 arising out of Pipili P. S. Case No. 224 of 2020 within fifteen (15) days from today. In the event of his surrender and motion for bail, the application for

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bail shall be considered by the learned J.M.F.C., Pipili on merit in accordance with law, in the first hour of the day. In the event of rejection of the prayer for bail by the J.M.F.C., Pipili, the petitioner is at liberty to move the higher forum for bail in the second hour on the same day. On being so moved, the higher forum shall dispose of the bail application of the petitioner on the same day on merit in accordance with law. The Case Diary be made available to the concerned Courts to facilitate disposal of the bail application of the petitioners, and learned J.M.F.C., Pipili is directed to transmit the case record to the higher forum in the second hour, in the event of rejection of the bail application by

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him.

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For a period of 15 days Hence, no coercive action shall be taken against the petitioner.

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Ground of parity, if any, may be considered by the learned Court below on same being canvassed by learned counsel for the petitioner at the time of consideration of the bail application.

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7. The CRLMC is disposed of accordingly.

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

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Balaram

Upendra Sahu@Illa v. State of Odisha

Case brief

What is this about?

What did the court decide?

Upendra Sahu@Illa v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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