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

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

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. not entertained; Petitioners granted liberty to file a revision application to challenge the order taking cognizance dated 16.09.2022 within two weeks along with an application for condonation of delay; certified copy of the Annexure-3 order to be returned to the petitioners substituted with an attested Xerox copy.

Issue for consideration

Whether the application filed under Section 482 of Cr.P.C. by the Petitioners seeking quashment of the order taking cognizance dated 16.09.2022 (G.R. Case No.409 of 2022) can be entertained by this Court. +1 more

Court's answer

The inherent power of this Court under Section 482 of Cr.P.C. cannot be exercised contrary to any existing provision under the Cr.P.C.; accordingly, where a statutory remedy (revision) exists for challenging the cognizance order, the Section 482 route is improper.

Ratio / Principle

An order taking cognizance is a final order and, as such, is a revisable order.

Key takeaways

This Court declined to entertain the application under Section 482 of Cr.P.C. and instead granted the Petitioners liberty to file a revision application challenging the order taking cognizance within two weeks, together with an application for condonation of delay.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — CRLMC No.979 of 2024 (Kedarnath Behera and others v. State of Odisha and another), decided 04.08.2025 by Justice Aditya Kumar Mohapatra. The Petitioners had sought quashment of the order taking cognizance dated 16.09.2022 (Annexure-3) in G.R. Case No.409 of 2022 pending before S.D.J.M.(S), Cuttack, initially claiming a settlement between the parties (statement recorded on 29.08.2024); at admission hearing counsel conceded no compromise had in fact occurred. Holding that an order taking cognizance is a final order and hence a revisable one, and that the Court's inherent power under Section 482 Cr.P.C. cannot be exercised contrary to any existing provision of the Code, the Court declined to entertain the Section 482 application, disposed of the CRLMC, and granted liberty to file a revision application within two weeks together with an application for condonation of delay; the certified copy of the Annexure-3 order was directed to be returned, substituted by an attested Xerox copy.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.979 of 2024

Kedarnath Behera and others

.....

Petitioners

Represented By Adv. - Debi Prasad Das

-versus-

State Of Odisha and another

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.08.2025

Order No.

04.

1. This matter is taken up through Hybrid mode.

On perusal of the order sheet, it appears that on 29.08.2024 the statement of the learned counsel for the Petitioners have been recorded to the effect that the parties have already settled their dispute and on the basis of such settlement, the Petitioners seek indulgence of this Court to quash the order of cognizance. Accordingly, the learned Coordinate Bench issued notice to the Opposite Party No.2.

Today when the matter came up for admission hearing, learned counsel for the Petitioners contended that no such compromise has taken place.

Page 1 of 2.

Taking into consideration the fact that the Petitioners in the present application have challenged the order taking cognizance dated 16.09.2022 under Annexure-3 in G.R. Case No.409 of 2022, pending in the Court of learned S.D.J.M.(S), Cuttack, this Court is of the view that the order taking cognizance being a final order, the same is a revisable one. Moreover, the inherent power of this Court under Section 482 of Cr.P.C. cannot be exercised contrary to any existing provision under the Cr.P.C. In such view of the matter, this Court while declining to entertain the application under Section 482 of Cr.P.C. grants liberty to the Petitioners to file a revision application to challenge the order taking cognizance within two weeks along with an application for condonation of delay.

With the aforesaid observation/direction, the CRLMC stands disposed of. Certified copy of the order under Anenxure-3 be returned to the petitioners by substituting the same with an attested Xerox copy thereof.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Signature Not Verified

Page 2 of 2.

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Aug-2025 17:14:19