Orissa High Court
Rameswar Prasad Singh vs State Of Odisha ..... Opposite Party on 12 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3115 of 2025
Rameswar Prasad Singh ..... Petitioner
Represented By Adv. -
Sidhartha Mishra
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Ms.S.Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.08.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the application as well as documents
annexed thereto.
3. The present application has been filed at the instance of the
petitioner thereby invoking the inherent jurisdiction of this Court
under Section 528 of the B.N.S.S. to quash the entire criminal
proceeding in G.R. Case No.758-A of 2024 pending before the
learned S.D.J.M., Puri which corresponds to Puri Town P.S. Case
No.305 of 2024.
4. On a perusal of the record it appears that the petitioner was
implicated as an accused in the F.I.R., and was charge sheeted along
with other co-accused persons for commission of offence under
Sections 103(1), 61(2), 3(5) of the B.N.S. read with Section 27 of the
Arms Act. Learned counsel for the petitioner further contended that
in the meantime the co-accused persons faced trial in S.T. No.78/813
of 2024. The learned 3rd Additional Sessions Judge, Puri vide
judgment dated 14.07.2025 has been pleased to acquit the co-accused
persons on the ground that no incrementing material are available in
the evidence against the accused persons.
5. Taking into consideration the seriousness and gravity of the
allegation this Court is not inclined to quash the entire criminal
proceeding against the present petitioner. However, while disposing
of the present application the learned trial court is directed to
expedite the trial so far as the present petitioner is concerned and
make every endeavour to conclude the same as expeditiously as
possible.
6. Further, keeping in view the prayer of learned counsel for the
petitioner that the petitioner is ready and willing to cooperate with an
early conclusion of trial and on the submission of the leaned counsel,
the Petitioner is given liberty to surrender before the learned
S.D.J.M., Puri, in the aforesaid case in the first hour within 21
working days hence and move for bail. On such event, the learned
Magistrate shall consider his 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 Petitioner 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 Petitioner 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. Records be transmitted to the
higher forum at the cost of the Petitioner, if applied for.
7. The CRLMC is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra )
Judge
Rubi
