Nirmalya Guru Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Nirmalya Guru Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of as not pressed with liberty to raise the point at charge-framing by discharge petition; Petitioners permitted to surrender before learned J.M.F.C., Odagaon within 21 working days and seek bail, with directions that the Magistrate consider bail in the first hour on materials on record and, on rejection, the higher forum hear and dispose the bail application the same day in the second hour applying parity, if applicable; case diary to be made available and records transmitted to the higher forum at Petitioners' cost.

Issue for consideration

Whether the entire criminal proceeding arising out of Saranakula P.S. Case No.101 of 2021 / G.R. Case No.179 of 2021 pending before J.M.F.C., Odagaon should be quashed (raised by the Petitioners' application, subsequently not pressed).

Ratio / Principle

The Court disposed of the quashing application as not pressed, with the liberty prayed for (i.e., to raise the point at the time of framing of charge by filing a discharge petition).

Key takeaways

The Petitioners were given liberty to surrender before the learned J.M.F.C., Odagaon in the aforesaid case in the first hour within 21 working days and move for bail.ratio¶18
On such surrender, the learned Magistrate shall consider the Petitioners' application for bail in the first hour strictly on the basis of the materials on record.ratio¶18
In case of rejection of the bail application by the Magistrate, the Petitioners may move for bail before the higher forum in the second hour.

Detailed headnote1 paragraphs

Criminal Matters (CRLMC) No.1694 of 2025, High Court of Orissa at Cuttack — Nirmalya Guru and others v. State of Odisha and another — Order dated 25.07.2025 by Hon'ble Mr. Justice Aditya Kumar Mohapatra. The Petitioners' application to quash the entire criminal proceeding arising out of Saranakula P.S. Case No.101 of 2021, corresponding to G.R. Case No.179 of 2021, pending before learned J.M.F.C., Odagaon, was disposed of as not pressed, with liberty to raise the point at the time of framing of charge by filing a discharge petition. The Petitioners were given liberty to surrender before the learned Magistrate within 21 working days and move for bail; the Magistrate is directed to consider bail in the first hour strictly on the materials on record, and, on rejection, the Petitioners may approach 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; records to be transmitted to the higher forum at the Petitioners' cost.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1694 of 2025

Nirmalya Guru and others ..... Petitioner

Represented By Adv. - Manoj Verma

-versus-

State Of Odisha and another ..... Opposite Party Mr. U.R. Jena, AGA

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.07.2025

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioners and learned counsel for the State. Perused the records.

The present application has been filed by the Petitioners with a prayer to quash the entire criminal proceeding arising out of Saranakula P.S. Case No.101 of 2021, corresponding to G.R. Case No.179 of 2021, pending before the Court of learned J.M.F.C., Odagaon.

Learned counsel for the Petitioners at this juncture contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioners be permitted to surrender before the Court below and move an application for bail.

Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.

Page 1 of 2.

However, on the submission of the leaned counsel, the Petitioners are given liberty to surrender before the learned J.M.F.C., Odagaon, in the aforesaid case in the first hour within 21 working days 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. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

The CRLMC is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Jul-2025 12:36:09 Page 2 of 2.