Disposed¶21

Kunja Bihari Badakumar v. State of Odisha

Orissa HC29 Jul 2025CRLMC/2095/2025

Case brief

AI extract

What is this about?

Odisha HC, CRLMC No.2095 of 2025, A.K. Mohapatra J., order dated 29.07.2025. S.482 Cr.P.C. quashing petition concerning cognizance taken under BNS Sections 80/85/108(1)/3(5); prayer for cognizance under BNS Sections 80/85/103(1)/3(5) and Section 4 Dowry Prohibition Act. Application not pressed; disposed of with liberty to file discharge application at charge-framing; reasoned order directed. No precedents cited.

What did the court decide?

Liberty to the petitioner to raise all grounds raised in the present petition at the time of framing of charge by filing a discharge application; trial court directed to consider such grounds on merits and pass a reasoned order. ¶21

Kunja Bihari Badakumar Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2095 of 2025

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Kunja Bihari Badakumar

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..... Petitioner

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Represented By Adv. - Prasanna Kumar Mishra

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-versus-

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State Of Odisha

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..... Opp. Party

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Represented By Adv. – B.K. Sahu, A.G.A.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

29.07.2025

Order No.

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

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Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the 482 of Cr.P.C. application as well as the documents annexed thereto.

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The present application has been filed under Section 482 of Cr.P.C. for quashing of the impugned order under Annexure-4 and 5 and direct the learned court below to take cognizance under Sections 80/85/103(1)/3(5) of BNS and Section 4 of the D.P. Act in place of Sections 80/85/108(1)/3(5) of BNS and Section 4 of D.P. Act.

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Learned counsel for the petitioner submitted that he does not want to press this application at this juncture, with liberty to raise all the grounds taken in the present petition at the time of

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Page 1 of 2.

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framing of charge by filing an application for discharge petition.

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In such view of the matter, the present application is being disposed of by granting liberty to the petitioner to raise all the ground which was raised herein at the time of framing of charge by filing a discharge application. In such eventuality, learned trial court shall do well to consider such grounds on its own merit and strictly in accordance with law and shall dispose of such application by passing a reasoned order.

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With the aforesaid observations, the CRLMC application stands disposed of.

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( A.K. Mohapatra ) Judge

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Anil

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Signature Not Verified

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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 Date: 30-Jul-2025 11:19:09

Kunja Bihari Badakumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunja Bihari Badakumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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