Amarjeet Pradhan vs Unknown
2023 Latest Caselaw 3037 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No. 1599 of 2023


            Amarjeet Pradhan                      ....                    Petitioner


                                                         Mr. S.K. Mishra, Advocate
                                             -Versus -
            State of Odisha                        .......               Opp .Party
                                                                 Mr. S.K. Mishra,
                                                               Additional Standing
                                                                           Counsel


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA

ORDER_ 10.04.2023 Order No.

2. 1. This matter is taken up through hybrid mode.

2. Heard.

3. The petitioner was originally charge sheeted for the offence under Sections 417/376(2)(n)/506/34 of IPC along with other persons. Subsequently, by order dated 23.07.2022, NBW was directed to be issued against the accused-Amarjeet Pradhan by observing that he had been solely charge sheeted for the offence under Sections 376(2)(n)/417 of IPC. He approached this Court in CRLMC No. 2974 of 2021. By judgment passed by a coordinate Bench on 21.03.2023, the said CRLMC was disposed of by quashing the proceeding in so far as it relates to Section 376 (2)(n) of IPC. This leaves the accused with the offence under Section 417 of IPC only. Since the coordinate Bench has not passed any order with regard to the offence under Section 417 of IPC, this Court is

also not inclined to pass any order. The CRLMC is therefore, disposed of granting liberty to the petitioner to surrender before the court below within two weeks and to move for bail. In such event, the bail application shall be considered having due regard to the fact that the main offence, i.e., under Section 376 (2)(n) of IPC has been quashed and Section 417 of IPC is bailable in nature.

4. The CRLMC is disposed of accordingly.

(Sashikanta Mishra) Judge

B.C. Tudu