Chinmaya Nanda Badjena @ vs State Of Odisha & Anr. ..... Opp. Parties
2025 Latest Caselaw 1613 Ori

Orissa High Court

Chinmaya Nanda Badjena @ vs State Of Odisha & Anr. ..... Opp. Parties on 23 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No.2693 of 2025

            Chinmaya Nanda Badjena @                .....                Petitioners
            Chinmay & Anr.
                                                            Represented By Adv. -
                                                            Subir Palit, Sr. Adv.

                                                            Along with

                                                            Susanta Kumar Baral

                                           -versus-
            State Of Odisha & Anr.                .....              Opp. Parties
                                                            Represented By Adv. -
                                                            U.R. Jena, A.G.A.

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA

                                           ORDER

23.07.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Sri Subir Palit, Senior Advocate enters appearance on behalf of the Petitioners in the present case by filing a memorandum in court today and the same be kept on record. Registry is directed to reflect the name of Mr.Subir Palit as learned counsel for the Petitioners in the brief as well as in the cause list.

3. Heard learned Senior Counsel for the Petitioners as well as learned counsel for the State. Perused the application as well as

the documents annexed thereto.

4. 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 Dhauli P.S. Case No.88 of 2025 corresponding to C.T. Case No.719 of 2025 pending in the court of learned J.M.F.C.-V, Bhubaneswar for commission of offence under Sections 126(2), 296(a), 3(5), 351(2) 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: 24-Jul-2025 14:03:41