Durga Madhab Mishra vs State Of Odisha
2026 Latest Caselaw 4035 Ori

Orissa High Court

Durga Madhab Mishra vs State Of Odisha on 30 April, 2026

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No. 4729 of 2011
            Durga Madhab Mishra                       ...         Petitioner
                                             Mr. B.S. Rayaguru, Advocate
                                       -versus-
            1. State of Odisha
            2. Sri Chiraranjan Satapatjhy             ...      Opp. Parties
                                                      Mr.S.K. Rout, ASC
            CORAM:
                 HON'BLE MISS JUSTICE SAVITRI RATHO
                                      ORDER

Order No. 30.04.2026

26. (Through hybrid Mode)

1. This CRLMC has been filed challenging the order dated

17.10.2011 passed by the learned S.D.J.M., Bhubaneswar in

G.R. Case No. 811 of 2010 taking cognizance of the offences

under Sections 306 and 498 (A) of the IPC against the

Petitioner.

2. Heard Mr. B.S. Rayaguru, learned counsel for the

Petitioner and Mr. S.K. Rout, learned Additional Standing

Counsel.

3. Mr. Rayaguru, learned counsel for the Petitioner submits

that even assuming the allegations on record to be true, an

offence (s) under Sections 306 and 498 (A) of the IPC are not puspa

made out against the Petitioner. He relies on the following

decisions in support of his submissions:-

(i) Geo Varghese vrs. State of Rajasthan: (2021) 19

SCC 144: 2021 SCC Online SC 873

(ii) Shobhit Kumar Mittal vrs. State of Uttar Pradesh

: 2025 INSC 1152

(iii) Gurcharan Singh vrs. State of Punjab: (2020) 10

SCC 200

(iv) Mahendra Awase vrs. State of M.P. : 2025 INSC

76: (2025) 4 SCC 801: 2025 AIR SC 568

(v) Dr. Priyank Tapuria vrs. State of Odisha in

4. Mr. S.K. Rout, learned Additional Standing Counsel

submits that the offences are made out from the statements of

house owner, Pravu Prasad Mohanty and her brother, Pranaya

Kumar Satpathy.

5. Hearing is concluded.

6. Judgment is reserved.

(Savitri Ratho)

Signed by: PUSPANJALI MOHAPATRA