Jayadeba Sasini Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Jayadeba Sasini Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of as not pressed at the Petitioner's instance, accompanied by conditional expedited-bail directions: on surrender before the learned J.M.F.C. II (Cog. Taking), Bhadrak within 21 working days, bail application to be considered in the first hour strictly on the materials on record; if rejected, the Petitioner may move to the higher forum in the second hour, which shall dispose of the bail application the same day on the materials on record maintaining parity, if applicable; Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for; urgent certified copy per Rules.

Issue for consideration

Whether the criminal proceedings in G.R. Case No. 2522 of 2022 (Bhandaripokhari P.S. Case No. 338 of 2022), pending before the learned J.M.F.C. II (Cog. Taking), Bhadrak, alleging offences under Sections 498(A), 323, 304-B, 306 of the Indian Penal Code read with Section 4 of the D.P. Act, should be quashed by way of the Petitioner's application under Section 482 of Cr.P.C. +1 more

Court's answer

This CRLMC stands disposed of as not pressed: the Petitioner submitted during argument that he does not want to press the Section 482 Cr.P.C. quashing application and intends to surrender and move for bail before the court below; accordingly no quashal decision on the merits of Issue 1 was pronounced by this Court.

Ratio / Principle

Conditional direction to the court below: if the Petitioner surrenders before the learned J.M.F.C. II (Cog. Taking), Bhadrak in the aforesaid case in the first hour within 21 working days hence and moves for bail, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record.

Key takeaways

Fallback direction to the higher forum: in case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour; on such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.ratio¶20
Ancillary operative directions: the Case Diary be made available to the concerned courts; records be transmitted to the higher forum at the cost of the Petitioner, if applied for.ratio¶21

Detailed headnote1 paragraphs

CRLMC No. 3193 of 2024, Jayadeba Sasini v. State Of Odisha (High Court of Orissa, Cuttack), single-judge order dt. 04.09.2024 by Judge Aditya Kumar Mohapatra. An application under Section 482 of Cr.P.C. seeking quashal of G.R. Case No. 2522 of 2022 / Bhandaripokhari P.S. Case No. 338 of 2022, pending before the learned J.M.F.C. II (Cog. Taking), Bhadrak, for alleged offences under Sections 498(A), 323, 304-B, 306 of the Indian Penal Code read with Section 4 of the D.P. Act, was not pressed by the Petitioner, who instead chose to surrender and seek bail from the court below; the Court accordingly disposed of the CRLMC as not pressed without pronouncing any opinion on the merits of quashal. Conditional expedited-bail directions were issued: upon surrender within 21 working days, the learned Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record; in case of rejection, the Petitioner may move for bail before the higher forum in the second hour, which shall dispose of the application on the same day on the materials on record, maintaining the principles of parity, if applicable. The Case Diary was directed to be made available to the concerned courts, records to be transmitted to the higher forum at the Petitioner's cost if applied for, and an urgent certified copy ordered as per Rules. No precedents were cited and no quantum figures appear in this brief disposition order.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3193 of 2024

Jayadeba Sasini

..... Petitioner

Represented By Adv. - Md.g.madani

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. - M.K.Mohanty, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

04.09.2024

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

Heard learned counsel for the parties and perused the records.

This is an application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the proceeding initiated G. R. Case No.2522 of 2022 corresponding to Bhandaripokhari P.S. Case No. 338 of 2022, pending before the learned J.M .F.C . II (Cog. Taking) Bhadrak, for alleged commission of offences under Sections 498(A), 323, 304-B, 306 of the Indian Penal Code read with Section 4 of the D.P. A ct.

Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and move for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day.

Page 1 of 2.

Considering the submission made, this CRLMC stands disposed of as not pressed.

However, it is observed that if the Petitioner surrenders before the learned J.M .F.C . II (Cog. Taking) Bhadrak in the aforesaid case in the first hour within 21 working days hence and moves for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8. Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Rubi

Signature Not Verified

Page 2 of 2.

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Sep-2024 11:14:19