) P.Vaneshree Rao @ Dutta vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 5562 Ori

Orissa High Court

) P.Vaneshree Rao @ Dutta vs ) State Of Odisha ..... Opposite Parties on 18 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.3221 of 2025

            1) P.Vaneshree Rao @ Dutta                .....              Petitioners
            2) P. Sushila Rao                                 Represented By Adv. -
            3) P. Renuka Rao                                  Mr. Ramachandra
                                                              Panigrahy
            4) P. Nirja Rao
            5) P. Manaja Rao @ Roy @
            Manoja Roy
            6) Simanchala Mohapatra

                                           -versus-
            1) State of Odisha                        .....        Opposite Parties
            2) Ms. Rashmi Mohanty                             Represented By Adv. -
            3) P. Chandra Sekhar Rao                          Mr. S.K. Parhi, ASC

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                          ORDER

18.08.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the parties and perused the records.

3. The present Criminal Miscellaneous Case has been filed by the Petitioners with a prayer to quash the entire criminal proceeding initiated against them in connection with G.R. Case No.195 of 2018, arising out of Rourkela Mahila P.S. Case No.04 of 2018, pending in the court of learned S.D.J.M., Panposh,

Rourkela.

4. Learned counsel for the Petitioners, at this juncture, submitted that the Petitioners do not want to press this application and seek permission to withdraw the same with liberty to raise all the points at the time of framing of charge by filing an application of discharge.

5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for, with a direction to the Court in seisin over the matter to consider discharge application of the Petitioners, if filed, in accordance with law and the same shall be disposed of by passing a reasoned order.

6. Further, considering the submissions made by the learned counsel for the Petitioners and keeping in view the nature of allegation, it is directed that if the Petitioners surrender in the aforesaid case in the first hour before the court of the learned S.D.J.M., Panposh, Rourkela within three weeks hence and make a motion for bail, the learned S.D.J.M., Panposh, Rourkela shall consider and dispose of the same 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. While considering the bail application of the Petitioners, the court in seisin over the matter shall take into

consideration the judgment of the Hon'ble Supreme Court in Arnesh Kumar vrs. State Bihar and another : reported in (2014) 8 SCC 273.

7. 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.

( Aditya Kumar Mohapatra) Judge Debasis