) Madhusudan Palai vs ) State Of Odisha
2025 Latest Caselaw 8414 Ori

Orissa High Court

) Madhusudan Palai vs ) State Of Odisha on 18 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No.3283 of 2024
            1) Madhusudan Palai           .....     Appellants
            2) Rishna Mandata                               Represented By Adv. -
            3) Pitabasha Behera                             Manas Kumar Chand
            4) Muralidhar Palai
            5) Pendu Palai
            6) Bhagi @ Bhagirathi Palai
            7) Bagha Palei @ Ashok Kumar
            8) Naku @ Debashis Palei

                                            -versus-
            1) State Of Odisha                    .....             Respondents
            2) Giridhari Das                              Represented By Adv. -
                                                          M/s Jyotirmaya Sahoo,
                                                          S.k.pattnaik

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

18.09.2025 Order No.

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

2. Heard learned counsel for the Petitioners as well as the learned counsel appearing for Opposite Party No.2. Perused the CRLMC application as well as the prayer made therein.

3. Learned counsel for the Petitioners at the outset contended that the learned trial court has not followed the judgment of the Hon'ble Supreme Court in Priyanka Srivastava & another v. State of U.P. and others in Criminal Appeal No.781 of 2012 decided on 09.03.2015 as

well as the judgment of the Hon'ble Supreme Court in S.N.Vijayalakshmi & others v. State of Karnataka & another in SLP (Criminal) No.8626 of 2024 and the judgment of the Hon'ble Supreme Court in Kanishk Sinha & another v. The State of West Bengal & another in SLP (Criminal) Nos. 8609-8614 of 2024.

4. Learned counsel appearing for Opposite Party No.2 sought for some time to go through the judgments of the Hon'ble Supreme Court cited by the learned counsel for the Petitioners and give his reply by the next date.

5. List this matter in the week commencing from 22nd October, 2025.

I.A.NO. 2289 OF 2024

6. As an interim, it is directed that no coercive action in connection with Tangi P.S.Case No.431 of 2023 corresponding to G.R.Case No.380 of 2023 on the file of the learned N.G.N.-cum-J.M.F.C., Tangi shall be taken against the Petitioners till the next date.

( A.K. Mohapatra) Judge RKS

Location: High Court of Orissa