Disposed

Dhaniram Nayak v. State of Odisha

Orissa HC6 Feb 2023CRLMC/107/2023

Case brief

AI extract

What is this about?

This court disposed of a petition under Section 482 Cr.P.C. seeking quashing of proceedings and anticipatory bail. Observing investigation is underway and no changed circumstances exist, the court directed the petitioner to surrender below court within 7 days to apply for regular bail.

What did the court decide?

Petitioner directed to surrender before lower court by Feb 25, 2023 to apply for regular bail.

Dhaniram Nayak Vs State of Odisha — Quashing and FIR | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.107 of 2023

Dhaniram Nayak

…. Petitioner

Mr. T.K. Mishra, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S. Mishra, ASC

CORAM:

Order No. 01.

MR. JUSTICE R.K. PATTANAIK ORDER 06.02.2023

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Heard learned counsel for the petitioner and learned counsel for the opposite party State.

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Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the criminal proceeding in connection with G.R. Case No.124 of 2022 corresponding to Umerkote P.S. Case No.89 of 2022 by the learned J.M.F.C., Umerkote on the grounds stated therein.

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3. A copy of the FIR as at Annexure-1.

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The allegation against the petitioner is regarding production of fake certificate at the time of employment which was verified and thereafter, the Block Education Officer, Umerkote lodged the report with the local PS consequent upon which Umerkote P.S. Case No.89 was registered under Sections 420, 468 and 471 IPC.

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Page 1 of 3

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Mr. Mishra, learned counsel for the petitioner submits that there has been no compliance of Section 41-A Cr.P.C. and hence, the petitioner should be directed to surrender before the learned court below and allowed to go on bail. Mr. Mishra, learned counsel for the State on the other hand objects to the contention of the learned counsel for the petitioner on the ground that petitioner had approached this Court applying anticipatory but the same was not allowed followed by direction for him to surrender before the learned court below and apply for regular bail.

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Considering the above facts since the petitioner had approached once before this Court below seeking anticipatory bail and it was disposed of with a direction to surrender, in absence of changed circumstances, since the investigation is stated to be underway, the Court is of the view that he should be allowed to surrender and apply for regular bail for consideration the court below and in the event, the bail is refused, the liberty to approach the higher forum which would serve the purpose.

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7. Accordingly, it is ordered.

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In the result, CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned J.M.F.C., Umerkote on or before 25^th February, 2023 in connection with G.R. Case No.124 of 2022 corresponding to Umerkote P.S. Case No.89 of 2022 and in the event he surrenders and applies for bail, the same shall be considered by the court and orders to be passed thereon on merit and in case bail is refused, he shall have the liberty to approach the higher forum during 2^nd hour and on being so moved, the learned Sessions court shall consider his prayer for bail

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Page 2 of 3

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and pass necessary orders as per and in accordance with law and for the said purpose, the lower court record shall be transmitted to the said court in course of the day at the cost of the petitioner in order to facilitate hearing and disposal of the bail plea on the same day.

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A certified copy of this order be granted as per rules.

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(R.K. Pattanaik)
Judge
Tudu

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Page 3 of 3

Dhaniram Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhaniram Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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