Citation : 2025 Latest Caselaw 11371 Ori
Judgement Date : 16 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5320 of 2025
Ranjulata Pradhan & Ors. ..... Petitioners
Represented by Adv. -
Susanta Kumar Baral
-versus-
State Of Odisha & Anr. ..... Opp. Parties
Represented by Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
16.12.2025 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the application as well as the documents annexed thereto.
3. By filing the application under Section 528 of the B.N.S.S, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash the F.I.R in Baliapal P.S Case No.340 of 2025 corresponding to C.T Case No.1077 of 2025 pending in the court of learned J.M.F.C, Basta, Balasore for commission of offence under Sections 126(2), 296(b), 115(2), 117(2), 3(5), 351(3) of B.N.S.
5. Learned Senior Counsel for the Petitioners at the outset contended that since the investigation is at the nascent stage, he
does not want to press this application with liberty to approach this Court at an appropriate stage.
6. In such view of the matter, the application is being disposed of by granting liberty as prayed for.
7. Further considering the gravity and seriousness of the allegation and the offences indicated in the F.I.R and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756 & in the case of Satender Kumar Antil vs. Central Bureau of Investigation & anr. reported in 2022 LiveLaw (SC) 577, this Court directs the Petitioners to cooperate with the investigation by appearing before the I.O. In such eventuality, the I.O shall explore the possibility of applying the provisions of Section 35 of B.N.S.S in terms of the abovenoted judgments of the Hon'ble Supreme Court. In the event, the case of the Petitioners falls within the parameter of the Section 35 of B.N.S.S, the Petitioners be noticed under the aforesaid section as directed by the Hon'ble Supreme Court.
8. With the aforesaid observations/ directions, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra) Judge Anil
Designation: Junior Stenographer
Location: High Court of Orissa Date: 17-Dec-2025 19:02:39
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