Orissa High Court
Patita@Patitapaban Barik vs State Of Odisha on 1 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4444 of 2024
Patita@patitapaban Barik ..... Appellant
Represented By Adv.
- Manas Kumar
Chand
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Ms.Sasmita Nayak,ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
01.09.2025 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. This application under Section 482 Cr.P.C. has been filed by the Petitioner with a prayer to quash the entire criminal proceeding in Jankia P.S.Case No.400 of 2022 corresponding to G.R.Case No.12 of 2022 pending in the court of the learned J.M.F.C.(Cog. Taking) Khurda for alleged commission of offences under Sections 379,411/34 of the Indian Penal Code read with Section 51 of O.M.M.C Rule 2004 and Section 12 of O.M.P.T.S. Act.
4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to surrender Page 1 of 2. before the learned court below and move an application for bail.
5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.
6. Considering the submissions of the learned counsel for the Petitioner that the Petitioner is ready and willing to cooperate with the trial, the Petitioner is directed to surrender before the learned J.M.F.C.(Cog. Taking) Khurda in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record.
7. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
8. The CRLMC is disposed of accordingly.
9. Urgent certified copy of this order be granted as per Rules.
.
( Aditya Kumar Mohapatra) Judge RKS Signature Not Verified Page 2 of 2. Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2025 15:07:56