Disposed¶21

Gita Raha v. State of Odisha

Orissa HC25 Sept 2025CRLMC/1614/2025

Case brief

AI extract

What is this about?

Orissa High Court CRLMC 1614/2025; S.482 CrPC quashing of NBW order 16.11.2024; G.R. Case 1951/2019; Mahila P.S. Case 124/2019; Ss. 498(A), 323, 420, 34 IPC; s.4 D.P. Act; S.D.J.M.(S) Cuttack; application not pressed; disposed with liberty; surrender within four weeks; bail first hour; parity; Aditya Kumar Mohapatra, J.; order dated 25.09.2025.

What did the court decide?

CRLMC disposed of as not pressed with liberty to raise all points later by appropriate application; liberty to surrender before the learned S.D.J.M.(S), Cuttack within four weeks and move for bail, with first-hour consideration by the Magistrate and same-day second-hour consideration by the higher forum maintaining parity, if applicable; case diary to be made available on prior application and records transmitted to the higher forum at Petitioners' cost, if applied for.

Gita Raha Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the NBW order dated 16.11.2024 in G.R. Case No.1951 of 2019 (arising out of Mahila P.S. Case No.124 of 2019) should be quashed under Section 482 of Cr.P.C.

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Ratio / Principle

The CRLMC stands disposed of as not pressed, with liberty to the Petitioners to raise all the points at a later stage by filing an appropriate application.

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Key takeaways

Liberty granted to the Petitioners to surrender before the learned S.D.J.M.(S), Cuttack in the aforesaid case within four weeks and move for bail; the Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record; in case of rejection, the Petitioners may move the higher forum in the second hour, which shall consider and dispose of the bail application on the same day strictly on the materials on record, maintaining the principles of parity, if applicable.ratio¶22
Case Diary to be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below; records to be transmitted to the higher forum at the cost of the Petitioners, if applied for.ratio¶23

Detailed headnote1 paragraphs

Criminal matter (CRLMC No.1614 of 2025) under Section 482 Cr.P.C. by Gita Raha and Paresh Dash seeking quashing of the NBW order dated 16.11.2024 in G.R. Case No.1951 of 2019 (arising out of Mahila P.S. Case No.124 of 2019, offences under Sections 498(A), 323, 420 & 34 IPC read with section 4 of D.P. Act) before the learned S.D.J.M.(S), Cuttack. Counsel did not press the application; the High Court (Aditya Kumar Mohapatra, J.) disposed of it as not pressed with liberty to raise all points later, and granted liberty to surrender within four weeks and move for bail, with direction that the Magistrate consider bail in the first hour on the materials on record and, if rejected, the higher forum dispose of the bail plea the same day in the second hour maintaining parity, if applicable; case diary to be made available on prior application and records transmitted at Petitioners' cost if applied for.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1614 of 2025

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1) Gita Raha

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1. Paresh Dash

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..... Petitioners

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Represented By Adv. - Karunakar Rath

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-versus-

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State Of Odisha

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.....

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Opp. Party Represented By Adv. – S.K. Parhi, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.09.2025

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 Petitioners with a prayer to quash the NBW order dated 16.11.2024 in G.R. Case No.1951 of 2019 arising out of Mahila P.S. Case No.124 of 2019 pending before the learned S.D.J.M.(S), Cuttack, for alleged commission of offences under Sections 498(A), 323, 420 & 34 of I.P.C. read with section 4 of D.P. Act.

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Learned counsel for the Petitioners during course of argument submits that the Petitioners do not want to press this application with liberty to the Petitioners to raise all the points at a

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Page 1 of 2.

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later stage by filing an appropriate application.

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Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

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Further, taking into consideration the submissions made by learned counsel for the Petitioners, this Court grants liberty to the Petitioners to surrender before the learned S.D.J.M.(S), Cuttack in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider their 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 Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

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Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

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Accordingly, the CRLMC is disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra)

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Judge

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Anil

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Signature Not Verified Page 2 of 2.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Sep-2025 11:21:05

Gita Raha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gita Raha 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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