Citation : 2025 Latest Caselaw 9701 Ori
Judgement Date : 6 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2620 of 2025
Rabindra Kumar Jena ..... Petitioner
Represented By Adv. -
S.K. Srivastava (Sr.
Adv.), Rajat Panda
-versus-
Central Bureau Of Investigation ..... Opposite Parties
and another
Represented By Adv. -
Sarthak Nayak (Spl.
Public Prosecutor Cum
Retain Counsel, CBI)
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
06.11.2025 Order No.
06. 1. This matter is taken up through Hybrid mode.
2. Heard learned senior counsel appearing for the Petitioner as well as Mr. S. Nayak, learned Special Public Prosecutor-cum-Retain Counsel for CBI. Perused the application as well as the prayer made therein.
3. On perusal of the application, it appears that the Petitioner had earlier approached this Court by filing CRLMC No.1887 of 2022 for quashing of the entire criminal proceeding initiated against him in CBI, SPE, EOB-VII, Bhubaneswar FIR No.RC.49(S)/2014, Kolkata dated 05.06.2014 registered for commission of an offence punishable under Sections 120-B, 409, 420 of IPC read with Section 4, 5 & 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. So far the present application is concerned, the
very same Petitioner has approached this Court for the second time with a prayer to quash and set aside the illegal and malafide "further investigation being carried out by the Opposite Party-CBI without sanctioning the authority of law and without due permission of the learned trial Court" and he has further prayed to quash and set aside notice dated 03.07.2025 and 07.07.2025 issued under Section 41-A of Cr.P.C. arising out of the very same CBI case.
4. On a careful scrutiny of the records, it appears that this is the second journey of the Petitioner to this Court under Section 482 of Cr.P.C. with a prayer to invoke the inherent power which arises out of the very same CBI proceeding. In view of the aforesaid position, this Court is of the view that since the earlier matter was dealt with and finally disposed of vide judgment dated 06.02.2023 by a Coordinate Bench of this Court presided over the Hon'ble Mr. Justice B. P. Routray, the matter should have been placed before the very same Bench.
5. Accordingly, the Registry is directed to place the matter before the appropriate Bench with the kind consent of the Hon'ble Chief Justice.
6. Interim order passed earlier shall continue till the next date.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Reason: Authentication Page 2 of 2.
Location: High Court of Orissa, Cuttack
Date: 10-Nov-2025 10:30:38
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