Madhab Chandra Pradhan @ vs State Of Odisha .... Opposite Party(S)
2025 Latest Caselaw 3637 Ori

Orissa High Court

Madhab Chandra Pradhan @ vs State Of Odisha .... Opposite Party(S) on 4 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.285 of 2025
                 Madhab Chandra Pradhan @        ....                Petitioner(s)
                 Madhab Pradhan
                                                      Mr. A. K. Sahoo, Advocate
                                           -versus-

             State of Odisha                     ....           Opposite Party(s)
                                                           Mr. B. Nayak, AGA

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               04.02.2025
 01.        1.        Heard.

2. In this petition, the petitioner is seeking quashing of the

entire criminal prosecution in connection with Daspalla P.S. Case

No.152 of 2022 corresponding to Special Case No.90 of 2022

further corresponding to T.R. Case No.14 of 2023 registered for the

offences under Sections 20(b)(ii)(c)/29 of the N.D.P.S Act read

with Section 25 of the Arms Act, 1959 pending in the Court of the

learned Special Judge, Nayagarh.

3. After investigation, charge-sheet has been filed in the

present case on 31.12.2022 showing the petitioner as an absconder.

4. Learned counsel for the petitioner submits that except the

confessional statement of the co-accused on the basis of which, the

petitioner has been implicated in the present case, no other evidence

is emanating from record against the petitioner. Therefore, he seeks

indulgence of this Court.

5. I am not inclined to entertain this petition at this stage on

the sole ground that the petitioner is implicated on the basis of the

co-accused statement.

6. At this stage, learned counsel for the petitioner, on

instruction from his client submits that his client would be

appearing before the Court below on or before 05.03.2025 and

resort to the remedy available to him under law. He further submits

that the case of the petitioner is directly covered by the judgment of

the Hon'ble Supreme Court in the case of Tofan Singh vrs. State of

Tamil Nadu reported in (2013) 16 SCC 31. Apart from that, he also

submits that the co-accused persons have already been enlarged on

bail.

7. It is open for the petitioner to urge all the grounds

including the ground of parity before the learned trial Court at the

stage of hearing of the application for grant of bail.

8. With this observation, the CRLMC is disposed of.

Digitally Signed                                                         (S.S. Mishra)

Reason: Authentication                                                      Judge
Location: Swarna
           High Court of Orissa
Date: 06-Feb-2025 15:13:30