Arun Kumar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1048 of 2022 Arun Kumar Mishra ....

Petitioner Mr. Anirudha Das, Advocate -VersusState of Orissa ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

21.11.2022 Order No.

02.

1.

Defect as pointed out by the Stamp Reporter is ignored. 2.

Heard Mr. Anirudha Das, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Additional Standing Counsel for the State.

3.

Prayer in the present case is for quashing of G.R. Case No.211 of 2022 arising out of Tentulikhunti P.S. Case No.29 of 2022 pending in the court of learned S.D.J.M., Nabarangpur on the grounds stated therein.

4.

Mr.Das, learned counsel for the petitioner submits that though initially a case under Sections 341 , 294, 452, 506, 307 read with 34 IPC besides Sections 25 and 27 of the Arms Act was registered in connection with Tentulikhunti P.S. Case No.29 of 2022, however, in the meantime, on completion of investigation, chargesheet is filed except for the offence under Section 307 I.P.C.

and while claiming so, a copy of the order of cognizance dated 28th May, 2022 is produced in Court today which is taken on record. 5.

Mr. Mohapatra, learned Additional Standing Counsel for the State submits that the petitioner approached this Court for anticipatory bail, but then the same was refused. He further submits that the petitioner should at least be directed to surrender and apply for regular bail considering the fact that the incident has happened during election time and while stating so, he refers to the contents of the FIR.

6.

However, having regard to the peculiar facts and circumstances of the case and considering the submissions of the learned counsel for the respective parties, the CRLMC stands disposed of directing the petitioner to surrender before the learned J.M.F.C., Nabarangpur on or before 9th December, 2022 in G.R. Case No.211 of 2022 arising out of Tentulikhunti P.S. No.29 of 2022 and in the event he surrenders, the court below shall release him on bail subject to conditions.

7.

Urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge U.K.Sahoo