Orissa High Court
) Sunil Kumar Mishra vs ) State Of Odisha ..... Opposite Parties on 12 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1822 of 2025
1) Sunil Kumar Mishra ..... Petitioners
2) Abhas Kumar Baral Represented By Adv. -
Mr. Devashis Panda
-versus-
1) State of Odisha ..... Opposite Parties
2) The Victim Represented By Adv. -
Mr. U.R. Jena, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
12.08.2025
Order No.
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioners as well as
learned counsel for the State-Opposite Party No.1. Perused the
application as well as the prayer made therein.
3. By filing the present application under Section 528 of
B.N.S.S., the Petitioners seek to invoke inherent jurisdiction of
this Court to quash order dated 19.09.2024 passed by the
learned S.D.J.M., Dhankanal in G.R. Case No.928 of 2014,
which corresponds to Dhenkanal Town P.S. Case No.218 dated
05.09.2014.
4. By virtue of the impugned order, learned S.D.J.M.,
Dhenkanal has issued non-bailable warrant of arrest against the
Petitioners.
5. Learned counsel for the Petitioners, at the outset,
contended that initially F.I.R. was lodged on 05.09.2014 making
allegation against three accused persons including the present
Petitioners for commission of offences punishable under Section
341/294/509/354(B)/376(D)/506 of I.P.C. He further contended
that in the meantime one of the co-accused, namely, Pradeep
Kumar Dash faced the trial in C.T. (Sessions) Case
No.204/2024/23/2024 in the court of learned Ad-hoc Additional
Sessions Judge, Fast Track Special Court, Dhenkanal. He
further submitted that by virtue of judgment dated 7th February,
2025, the said accused-Pradeep Kumar Dash has been acquitted
by the learned trial court. While acquitting the above named
accused-Pradeep Kumar Dash, learned trial court has stated in
paragraph-13 of the judgment that the evidence of P.W.7-Victim
contains nothing incriminating against the accused and that the
victim has deposed on oath that she did not know the accused
persons. Moreover, the learned trial court has also observed that
the P.W.9-the Doctor, has also provided no evidence to support
the prosecution case and that the seizure-witnesses have failed
to say the circumstance of seizure and details of the seized
articles. Admittedly, no report has been received by the court
with regard to the biological sample which was sent for
examination to the SFSL, Rasulgarh, Bhubaneswar for chemical
examination. With the aforesaid observation, the learned trial
court has acquitted the accused-Pradeep Kumar Dash.
6. Learned counsel for the State, on the other hand, opposed
the prayer made in the present application on the ground of
gravity and seriousness of the allegation as well as the
heinousness of the crime. He further submitted that the
Petitioners have approached this Court against the order issuing
N.B.W. against them. He further contended that it appears that
the Petitioners did not appear before the trial court, as a result of
which, the trial court split up the case against accused-Pradeep
Kumar Dash. Referring to the conduct of the Petitioners,
learned counsel for the State contended that the impugned order
issuing N.B.W. of arrest does not call for any interference by
this Court at this stage.
7. Having heard the learned counsels appearing for respective
parties and on a careful examination of the background facts as
well as the subsequent development that has been taken place in
the meantime, this Court directs the Petitioners to surrender in
the aforesaid case in the first hour before the court of the learned
S.D.J.M., Dhenkanal within four weeks hence and make a
motion for bail. In such event, the learned S.D.J.M., Dhenkanal
shall consider and dispose of the bail application of the
Petitioners strictly on the basis of the materials on record in the
first hour. 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. While considering the bail
application of the Petitioners, the learned trial courts shall take
into consideration the observation made hereinabove.
8. Case Diary be made available to the concerned courts.
Records be transmitted to the higher forum at the cost of the
Petitioners, if applied for.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra)
Judge
Debasis
