Disposed¶20

Rajani Pradhan @ Naik v. State of Odisha

Orissa HC3 Sept 2024CRLMC/2259/2024

Case brief

AI extract

What is this about?

Orissa High Court, CRLMC No.2259 of 2024, decided 03.09.2024 by Sibo Sankar Mishra, J. Cognizance challenge under Sections 341/323/307/34 IPC; notice under Section 41(a) Cr.P.C. followed by charge-sheet and cognizance; protection from coercive steps conditioned on surrender by 25.09.2024; liberty to apply for bail citing Sushila Aggarwal (2020) 5 SCC 1 and Pradip Ram (2019) 17 SCC 326; petition disposed, not entertained at threshold.

What did the court decide?

Petition disposed with directions: liberty to appear/surrender before the trial court on or before 25.09.2024, liberty to move for bail relying on the cited Supreme Court decisions, and interim protection that no coercive action be taken until surrender. ¶20

Rajani Pradhan @ Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLMC No.2259 of 2024

¶3

Rajani Pradhan @ Naik …. Petitioner(s)

¶4

Mr. A. K. Sahoo, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party(s)

¶8

Mr. D. Biswal, ASC

¶9

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER 03.09.2024

Order No.

01.

Heard.

¶14

The petitioner has challenged the order dated 30.11.2023 passed by the learned J.M.F.C., Daspalla in G.R. Case No.396 of 2023 arising out of Banigochha P.S. Case No.86 of 2023, whereby the learned Court below has taken cognizance of the offences under Sections 341/323/307/34 of I.P.C. against the petitioner.

¶15

Learned counsel for the petitioner submits that although in the F.I.R., the offence under Section 307 of I.P.C. was alleged but the petitioner was given a notice under Section 41(a) Cr.P.C. by the police. Subsequent thereto, the charge-sheet has been filed and cognizance has been taken. He apprehends that once he

¶16

Page 1 of 2

¶17

surrender/appear before the Court below, he may be taken into custody. Hence, he seeks indulgence of this Court.

¶18

I am not inclined to entertain this petition at this stage.

¶19

However, liberty is granted to the petitioner to appear/surrender before the Court below on or before 25.09.2024 and avail remedy under law. Petitioner is also granted liberty to move appropriate application before the Court below for grant of bail by relying upon the judgments of the Hon’ble Supreme Court in the case of Sushila Aggarwal and others v. State (NCT of Delhi) and another reported in (2020) 5 SCC 1 and Pradip Ram v. State of Jharkhand reported in (2019) 17 SCC 326 . Till the petitioner surrenders before the competent Court and avails the remedy under law, no coercive action shall be taken against him.

¶20

With this observation, the CRLMC is disposed of.

¶21

Swarna

¶22

Signature Not Verified

¶23

Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 11:58:59

¶24

Page 2 of 2

Rajani Pradhan @ Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajani Pradhan @ Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Harendra Yadav Vs State of Odisha

Subala Bhue@Subala Bhoi Vs State of Odisha

Tusharkanta Parida Vs State of Odisha

Susanta Kumar Barik Vs State of Odisha

Anil Khora Vs State of Odisha

Lakhamana@Laxman Hati Vs State of Odisha