Disposed

Khursida Khatun@Kursida Khatun v. State of Odisha(Vig.)

Orissa HC24 Jul 2024CRLMC/68/2024

Case brief

AI extract

What is this about?

Petitioner filed a quashing application under section 482 Cr.P.C. but declined to press the plea, intending to seek bail in lower court. Court disposed of the main application as not pressed but directed lower court to dispose of the pending bail application on the same day if petitioner surrenders within four weeks.

What did the court decide?

Application disposed of as not pressed. Directions issued for timely disposal of the pending bail application pending surrender.

Khursida Khatun@Kursida Khatun Vs State of Odisha(Vig.) — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.68 of 2024

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Khursida Khatun@kursida Khatun

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..... Petitioner

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Represented By Adv. – Mr. Rajendra Narayan Rout

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-versus-

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State Of Odisha(Vig.)

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..... Opposite Party

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Represented By Adv. –

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Mr. N. Moharana, A.S.C. for Vigilance Department

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

24.07.2024

Order No.

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

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Heard learned counsel for the parties and perused the records.

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This is an application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order taking cognizance dated 24.08.2023 passed by the learned Spl. Judge, Vigilance, Baripada in V.G.R. Case No.07 of 2019 as well as the entire criminal proceeding arising out of the same.

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Learned counsel for the Petitioner during course of argument submitted 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. He further

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Page 1 of 1.

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submitted that in the meantime, a co-accused has already been released on bail.

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Learned Additional Standing Counsel appearing for the Vigilance Department, on the other hand, contended that earlier the Petitioner was allowed to be released on bail on surrendering subject to certain conditions mentioned in order dated 04.12.2020 passed by a coordinate Bench of this Court in ABAPL No.14272 of 2020 and the application for modification of order dated 04.12.2020 has been dismissed by a coordinate Bench of this Court in the meantime.

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

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However, since the Petitioner is ready and willing to surrender before the court below and make motion for bail, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the mater shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day by maintaining the principles of parity, if applicable.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 29-Jul-2024 20:14:48

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Page 2 of 2.

Khursida Khatun@Kursida Khatun v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Khursida Khatun@Kursida Khatun v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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