[Cites 6, Cited by 0]
Orissa High Court
Chandrakanta Behera vs ) State Of Odisha ..... Opp. Parties on 23 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5539 of 2025
Chandrakanta Behera ..... Petitioner
Represented by Adv. -
D.P. Dhal, Sr. Adv.
-versus-
1) State Of Odisha ..... Opp. Parties
2) Sukanti Chowdhuri Represented by Adv. -
C.M. Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
23.12.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Mr.Debi Prasad Dhal, learned Senior Counsel enters
appearance on behalf of the Petitioner by filing a vakalatnama in
Court today and the same be kept on record. Registry is directed to
reflect the name of Mr.D.P.Dhal, learned counsel in the cause list
as well as in the brief as he is appearing on behalf of the Petitioner
in this case.
3. Heard learned Senior Counsel for the Petitioner as well as
learned counsel for the State. Perused the application as well as the
prayer made therein.
4. By filing the present application under section 528 of BNSS
which corresponds to 482 of Cr.P.C the Petitioner seeks to invoke
the inherent power of this Court to quash the order dated
27.09.2025 passed by the learned SDJM, Bhadrak in G.R Case
No.864 of 2025 which arises out of Bhadrak Town P.S Case
No.225 of 2025 thereby rejecting the application of the Petitioner
filed under Section 187 of the BNSS.
5. Mr. Dhal, learned Senior Counsel appearing for the
Petitioner at the outset contended that the accused-petitioner moved
an application under Section 187 of BNSS in G.R Case No.864 of
2025 which was registered for commission of an offence
punishable under Section 296, 115(2), 109(1) of the BNS which
was later on converted to the case under Section 103 of the BNS.
The application filed by the accused-petitioner under Section 187
of the BNSS has been rejected vide order dated 27.9.2025 at
Annexure-3. Learned Senior Counsel appearing for the Petitioner at
this juncture contended that while disposing of the application of
the Petitioner filed under Section 187 of BNSS, the learned trial
court has not taken into consideration the law laid down by this
Court in Vicky Kumar @ Kashyap and another vs. State of Odisha
(in CRLMC No.3669 of 2025) decided vide judgment dated
24.11.2025. On such ground, learned Senior Counsel for the
Petitioner contended that the entire issue requires re-consideration
by the learned trial court in the light of the abovenoted judgment.
6. Learned counsel for the State on the other hand contended
that there is no nothing in the order passed by the learned trial court
on 27.09.2025 in the abovenoted G.R Case. He further submitted
that the judgment, referred to by learned Senior Counsel, was
delivered much after the impugned order dated 27.09.2025. In such
view of the matter, learned counsel for the State contended that the
learned trial court could not have taken into consideration the law
laid down by this Court in abovenoted case of Vicky Kumar @
Kashyap's case (supra). On such ground, learned counsel for the
State submitted that the application filed by the Petitioner, being
devoid of merit, is liable to be dismissed at the threshold.
7. Having regard to the submissions made by learned Senior
Counsel for the Petitioner as well as learned counsel for the State,
on a careful examination of the order dated 27.9.2025, this Court is
of the view that the learned trial court has disposed of the
application by passing a detailed order. However, it has not taken
into consideration the law laid down by this Court in Vicky Kumar
@ Kashyap's case (supra) which obviously was delivered after the
impugned order was passed. In view of the aforesaid position, this
Court is of the view that the matter requires consideration in terms
of the judgment of this court in Vicky Kumar @ Kashyap's case
(supra). Hence, the impugned order dated 27.9.2025 is hereby set
aside. Further, the matter is remanded back to the learned trial court
for fresh consideration in terms of the ratio laid down in Vicky
Kumar @ Kashyap's case (supra) within a period of six weeks
from the date of communication of a copy of today's order.
8. With the aforesaid observations/ directions, the CRLMC
application stands disposed of.
( Aditya Kumar Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 24-Dec-2025 14:18:38
