Susanta Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Susanta Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of as not pressed, with the Petitioner at liberty to raise all points at the time of framing of charge by filing a discharge petition; protective direction that on surrender before the learned J.M.F.C., Aska within 14 working days and application for bail, bail be considered in the first hour on the materials on record, and on rejection by the higher forum the same day maintaining parity, if applicable; Case Diary to be made available and records transmitted to the higher forum at the Petitioner's cost, if applied for.

Issue for consideration

Whether the order dt.13.02.2025 passed in G.R. Case No.1266 of 2024(A), arising out of Kotinada P.S. Case No.194 of 2024 and pending before the learned J.M.F.C., Aska, should be quashed under Section 528 of the B.N.S.S.

Court's answer

The CRLMC stands disposed of as not pressed, the Court acting on the Petitioner's submission that he does not wish to press the quashing application.

Ratio / Principle

If the Petitioner surrenders before the learned J.M.F.C., Aska in the aforesaid case in the first hour within 14 working days and moves for bail, the learned Magistrate shall consider his bail application in the first hour strictly on the basis of the materials on record; in case of rejection, the Petitioner 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.

Key takeaways

The Case Diary is to be made available to the concerned courts, and records are to be transmitted to the higher forum at the cost of the Petitioner, if applied for.ratio¶19

Detailed headnote1 paragraphs

CRLMC No.1801 of 2025 (High Court of Orissa at Cuttack, Aditya Kumar Mohapatra, J., order dated 22.07.2025) — Application under Section 528 of the B.N.S.S. by Susanta Behera to quash the order dt.13.02.2025 passed in G.R. Case No.1266 of 2024(A), arising out of Kotinada P.S. Case No.194 of 2024 for alleged offences under Sections 108, 3(5) of B.N.S., pending before the learned J.M.F.C., Aska. Counsel for the Petitioner submitted that the application would not be pressed, with liberty to raise all points at the time of framing of charge by filing a discharge petition. The Court disposed of the CRLMC as not pressed and observed that if the Petitioner surrenders before the learned J.M.F.C., Aska in the first hour within 14 working days and moves for bail, the Magistrate shall consider the bail application in the first hour strictly on the materials on record; in case of rejection, the Petitioner may move the higher forum in the second hour, which shall dispose of the bail application the same day on the materials on record, maintaining the principles of parity, if applicable. Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the cost of the Petitioner, if applied for.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1801 of 2025

Susanta Behera ..... Petitioner

Represented By Adv. - Sanjay Kumar Pradhan

-versus-

State Of Odisha

..... Opp. Party Represented By Adv. – U.C. Jena, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.07.2025

Order No.

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 528 of the B.N.S.S. has been filed by the Petitioner with a prayer to quash the order dt.13.02.2025 passed in G.R. Case No.1266 of 2024(A) arising out of Kotinada P.S. Case No.194 of 2024 pending before the learned J.M.F.C., Aska, for alleged commission of offences under Sections 108, 3(5) of B.N.S.

Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the points at the time of framing of charge by filing a discharge petition.

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., Aska in the aforesaid case in the first hour within 14 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

Anil

Page 2 of 2.

Signature Not Verified

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jul-2025 11:38:59