Aswaini Kumar Dhal@Bapi v. State of Odisha
Case brief
What is this about?
CRLMC No.3160 of 2024, High Court of Orissa at Cuttack, order dated 11.09.2024 by Justice Aditya Kumar Mohapatra. Petitioner Aswaini Kumar Dhal @ Bapi (counsel Amulya Ratna Panda) versus State of Odisha and Abutahar Khan (counsel M.R. Mishra, ASC). Section 482 Cr.P.C. quashing application against entire proceeding of Binjharpur P.S. Case No.183 of 2006 / G.R. Case No.1500 of 2006 pending before S.D.J.M., Jajpur; withdrawn at petitioner's request and disposed of as withdrawn with liberty to file discharge application at framing of charge, to be decided by reasoned order; conditional directions for surrender within four weeks and first-hour bail consideration by SDJM Jajpur, escalation to higher forum in second hour same day with parity principles; case diary and records transmission directions; no precedents engaged; quashing issue not decided on merits.
What did the court decide?
CRLMC No.3160 of 2024 disposed of as withdrawn at the Petitioner's request, with liberty to raise all points at the charge-framing stage by filing a discharge application (to be considered by the court in seisin per law by reasoned order); further directions for surrender within four weeks and same-day bail consideration by the S.D.J.M., Jajpur and, if rejected, by the higher forum maintaining parity; case diary to be made available and records transmitted to the higher forum at the Petitioner's cost; urgent certified copy ordered.