Orissa High Court
Prabhat Sahoo vs ) State Of Odisha ..... Opposite Parties on 25 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3360 of 2025
Prabhat Sahoo ..... Petitioner
Represented By Adv. -
Deepak Ranjan
Sundaray
-versus-
1) State Of Odisha ..... Opposite Parties
2) Kumara Sahoo Represented By Adv. -
Mr. U.R.Jena, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.08.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned counsel
for the State. Perused the records.
3. The present application has been filed by the Petitioner with a
prayer to quash the entire criminal proceeding arising out of
Sarankul P.S. Case No.179 of 2024, corresponding to G.R. Case
No.414 of 2024, pending before the Court of learned J.M.F.C.-cum-
Nyayadhikari Gramya Nyayalaya, Odagaon.
4. Learned counsel for the Petitioner in course of his argument
referring to the judgment of the Hon'ble Supreme Court in Abhinav
Mohan Delkar vs. State of Maharashtra and others in Criminal
Appeal No.2177-2185 of 2024 decided on 18.08.20025, submitted
that in view of the law laid down by the Hon'ble Supreme Court in
the aforesaid case the Petitioner cannot be held guilty of the charge.
5. On perusal of the aforesaid judgment this Court observed that
since the allegation made therein could not constitute the ingredients
of the alleged offences the Hon'ble Apex Court held that the High
Court was not in error when it quashed the F.I.R. since no case was
made out from the F.I.R.
6. On a close scrutiny of the facts of the present case, this Court
is of the view that the stage at which the evidence can be weighed
and the principle laid down by the Hon'ble Supreme Court can be
applied has not yet arrived as the investigation in the present case is
at a very nascent stage.
7. In view of the aforesaid position, learned counsel for the
Petitioner at this juncture contended that he does not want to press
this application with liberty to raise the point at the time of framing
of charge by filing a discharge petition. He further submitted that the
Petitioner be permitted to surrender before the Court below and
move an application for bail.
8. Considering the submissions made by the parties, the
application is disposed of as not pressed with liberty as prayed for.
9. However, on the submission of the leaned counsel, the
Petitioner is given liberty to surrender before the learned J.M.F.C.-
cum-Nyayadhikari Gramya Nyayalaya, Odagaon, 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 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 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. It is further directed that while considering
the bail application the learned court below shall take into
consideration the judgment in Abhinav Mohan Delkar's Case
(supra).
10. The CRLMC is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
( Aditya Kumar Mohapatra )
Judge
Rubi
