Disposed

Rakesh Sahu v. State of Odisha

Orissa HC9 Aug 2024ABLAPL/8033/2024

Case brief

AI extract

What is this about?

The High Court held that the ERC application under Section 438 CrPC is non-maintainable in SC/ST cases due to statutory bars. The court directed petitioners to surrender to the Special Court within four weeks, prevented arrest until then, and mandated service of notice to the prosecutor/victim.

What did the court decide?

Application dismissed as non-maintainable; petitioners directed to surrender within four weeks; arrest stayed pending surrender; procedural directions issued for Special Court.

Rakesh Sahu Vs State of Odisha — Caste Atrocities | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8033 of 2024

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1) Rakesh Sahu ..... Petitioners

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1. Rajkishore Pradhan Represented By Adv. - 3) Sambhunath Nayak Tejaswini Jena

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-versus-

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1) State Of Odisha

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Bunu Behera

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..... Opposite Parties Represented By Adv. – M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel for the appearing for the Parties. Perused the records.

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The present application has been filed under Section 438 Cr.P.C. for releasing the Petitioners on anticipatory bail. In view of the bar under Section 18 & 18-A of the S.C. & S.T.Act, the present application under Section 438 Cr.P.C. is not maintainable. The provision of Section 438 Cr.P.C. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.

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Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail application is being disposed of with the following observations.

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Page 1 of 2 .

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The Petitioners shall surrender before the learned Addl. District Judge, Athamallik within four weeks in C.T. (SPL) Case No. 05 of 2024 arising out of Kishorenagar P.S. Case No. 126 of 2024 for commission of alleged offences under sections 294/323/324/341/ 506/34 of IPC read with Section 3(1)(r), 3(1)(s), 3(2) (va) S.C./ S.T. (POA) Act. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her counsel or dependent.

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Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioners in accordance with law and shall dispose of the bail application on the very same day.

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Till the date of surrender of the Petitioners as stipulated in this order, the Petitioners shall not be arrested in connection with the aforesaid case.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 13-Aug-2024 10:43:47

Rakesh Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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