Itishree Das vs State Of Odisha .... Opposite Party
2026 Latest Caselaw 356 Ori

Orissa High Court

Itishree Das vs State Of Odisha .... Opposite Party on 15 January, 2026

Author: V. Narasingh

Bench: V. Narasingh

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                   CRLREV No.1106 of 2025

    Itishree Das                   ....               Petitioner
                                Mr. B. Mohapatra, Advocate

                           -versus-

    State of Odisha                ....          Opposite Party


                                        Mr. S. Panigrahi, ASC

                   CORAM: JUSTICE V. NARASINGH
                                   ORDER

15.01.2026 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. Assailing the order of rejection of the application for discharge by the learned J.M.F.C., Saintala, Bolangir in G.R. Case No.140 of 2014 arising out of Saintala P.S. Case No.138 of 2014, the present criminal revision has been filed.

3. It is submitted by the learned counsel for the Petitioner that the allegation relates to issuance of fake caste certificate and at the relevant time admittedly the Petitioner was the Tahasildar, a designated officer under the Orissa Caste Certificate (for Scheduled Caste and Scheduled Tribe) Rules, 1980.

4. It is submitted by the learned counsel for the Petitioner that initially the Petitioner was not an accused but later on arrayed as an accused and considering the role ascribed to her, continuance of the proceeding is an abuse process of law.

5. It is further submitted by the learned counsel for the Petitioner that since after due verification by the authorities the matter was placed before the Petitioner for issuance of the caste certificate, no mens-rea can be attached to her action and as such the prayer rejecting her application for discharge has resulted in manifest illegality.

6. Per contra, learned counsel for the State opposes such prayer and reiterates the stand taken before the learned Court in seisin.

7. It is trite that the defence of an accused cannot be taken into account while considering an application for discharge. In this context reference can be respectfully made to the judgment of the Apex Court in the case of State of Orissa vs. Debendra Nath Padhi, (2005) 1 SCC 568 which has stood the test of the time.

8. Considering the rival submissions and on the touchstone of the judgment as referred to hereinabove, this Court does not find any merit in the Criminal Revision.

9. Accordingly, the CRLREV stands disposed of.

(V. Narasingh) Judge

Ayesha

Location: High Court of Orissa, Cuttack