Puja Swain @ Gunja Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Puja Swain @ Gunja Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of as not pressed with liberty to raise all points later by filing an appropriate application; liberty to surrender before the learned SDJM, Bhubaneswar within four weeks and move for bail, with first-hour consideration by the learned Magistrate strictly on the materials on record and, on rejection, same-day second-hour consideration by the higher forum maintaining parity, if applicable; Case Diary to be made available to the concerned courts on application prior to surrender; records to be transmitted to the higher forum at the cost of the Petitioners, if applied for.

Issue for consideration

Whether the F.I.R. in Capital P.S. Case No.433 of 2015 (connected to C.T. Case No.4890 of 2015 before the learned SDJM, Bhubaneswar), alleging offences under Sections 341, 324, 326, 307, 452, 34 of I.P.C., ought to be quashed under Section 482 of Cr.P.C. (issue raised by the application but not adjudicated; application withdrawn as not pressed).

Court's answer

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.

Ratio / Principle

Liberty granted to the Petitioners to surrender before the learned SDJM, Bhubaneswar within four weeks and move for bail; on surrender the learned Magistrate shall consider their bail application in the first hour strictly on the basis of the materials on record; if rejected, the Petitioners may move before the higher forum in the second hour, which shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Key takeaways

Case Diary is to be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below, and records are to be transmitted to the higher forum at the cost of the Petitioners, if applied for.ratio¶¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — CRLMC No.3615 of 2025 (order dated 20.09.2025, Aditya Kumar Mohapatra, J.). Petitioners Puja Swain @ Gunja & Ors. filed an application under Section 482 of Cr.P.C. seeking quashing of the F.I.R. in Capital P.S. Case No.433 of 2015, connected to C.T. Case No.4890 of 2015 before the learned SDJM, Bhubaneswar, for alleged offences under Sections 341, 324, 326, 307, 452, 34 of I.P.C. During argument, learned counsel for the Petitioners submitted that they did not wish to press the application, with liberty to raise all points later by filing an appropriate application; the Court accordingly disposed of the CRLMC as not pressed with liberty as prayed for. Taking into account that some co-accused had been enlarged on bail and that the Petitioners, not yet arrested, were ready to cooperate with the trial, the Court granted liberty to surrender before the learned SDJM, Bhubaneswar within four weeks and move for bail: the learned Magistrate to consider the bail application in the first hour strictly on the materials on record; on rejection, the Petitioners may approach the higher forum in the second hour, which shall dispose of the bail application the same day strictly on the materials on record by maintaining parity, if applicable. Case Diary to be made available to the concerned courts on an application filed prior to surrender; records to be transmitted to the higher forum at the Petitioners' cost, if applied for. No merits of the quashing question were adjudicated; no precedent was cited.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3615 of 2025

Puja Swain @ Gunja & Ors.

..... Petitioners

Represented By Adv. - Anup Udaya Senapati

-versus-

State Of Odisha & Anr.

.....

Opp. Parties

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

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

20.09.2025

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 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the F.I.R. in Capital P.S. Case No.433 of 2015 in connection with C.T. Case No.4890 of 2015 in the file of learned SDJM, Bhubaneswar, for alleged commission of offences under Sections 341, 324, 326, 307, 452, 34 of I.P.C.

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 later stage by filing an appropriate application.

Considering the submission made, this CRLMC stands

Page 1 of 2.

disposed of as not pressed with liberty as prayed for.

Further, taking into consideration the submissions made by learned counsel for the Petitioners that some of the co-accused persons have been enlarged on bail and that the Petitioners, who have not been arrested as of now, are ready and willing to cooperate with the trial, this Court grants liberty to the Petitioners to surrender before the learned SDJM, Bhubaneswar 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.

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.

Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Anil

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Sep-2025 16:31:03