Orissa High Court
Raju Hantal vs State Of Odisha ... Opposite Party(S) on 12 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 546 of 2025
Raju Hantal .... Petitioner(s)
Mr. J.K. Panda, Advocate
-versus-
State of Odisha ... Opposite Party(s)
Mr. S.J. Mohanty, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
12.02.2025
Order No.
01. 1. Heard.
2. In this petition, the petitioner is assailing the order dated
27.02.2024 passed by the learned Sessions Judge-cum-Special
Judge, Malkangiri in Special G.R. Case No.176 of 2023 arising out
of Chitrakonda P.S. Case No.155 dated 23.08.2023, whereby
cognizance of offence punishable under Sections 20(b)(ii)(C)/27-A
of NDPS Act has been taken against him.
3. Mr. Panda, learned counsel for the petitioner submits that
save and except the statement of co-accused, no other material has
been placed against the petitioner by the police in the charge sheet
to prosecute the petitioner. Therefore, on that ground, he seeks
indulgence of this Court for quashing of the entire proceeding.
4. The petitioner has been shown as an absconder in the
charge sheet. Earlier the petitioner had approached this Court by
filing ABLAPL No. 11353 of 2023 and the Coordinate Bench of
this Court vide order dated 11.10.2023 disposed of the said
application by granting liberty to the petitioner to surrender before
the court below and move an application for bail and same was
directed to be disposed of on the same day. The petitioner has not
availed the benefit of that order and remained absconding. In the
meantime, one of the co-accused person, namely, Keshab Khila has
also approached this Court by filing ABLAPL No. 3679 of 2024
and the Coordinate Bench of this Court vide order dated 29.10.2024
has allowed his application relying upon the judgment of the
Hon'ble Supreme Court in the case of Tofan Singh v. State of
Tamil Nadu, reported (2020) 4 SCC 1.
5. Mr. Panda, learned counsel for the petitioner submits that
he will not press the petition in so far as the challenge made to be
cognizance order is concerned. However, he submits that liberty
may be granted to him to avail the benefit of the order dated
11.10.2023 passed in ABLAPL No. 11353 of 2023, which was
passed in his case. The prayer made by Mr. Panda seems to be
innocent, hence I accede to the prayer and grants liberty to the
petitioner to appear/surrender before the court below on or before
15.03.2025 and resort to the remedy available to him under law. It
is open for the petitioner to take all the points while pressing for his
bail plea including the ground of parity. If such application is
moved, the same shall be considered on the same day.
6. With the aforesaid observation, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa
Date: 12-Feb-2025 19:12:51
