Trilochan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1191 of 2022 Trilochan Mohanty ....

Petitioner versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

28.07.2022 03.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the F.I.R. in Tantiapal Marine P.S. Case No.68 of 2021, corresponding to G.R. Case No.1975 of 2021, pending in the court of S.D.J.M., Kendrapara.

3.

Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application since the Petitioner intends to surrender and move for bail before the court below. However, he submits that direction may be given to the courts below to dispose of the bail application of the Petitioner on the same day. 4.

Considering the submission made, this CRLMC stands dismissed as not pressed. However, it is observed that if the Petitioner surrenders in the aforesaid case in the first hour before the court of S.D.J.M., Kendrapara within six weeks hence and makes a motion for bail, the learned S.D.J.M.,

// 2 // Kendrapara shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the Petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the Petitioner shall be considered and disposed of by the higher forum in accordance with law on the same day, if there is no other impediment.

5.

It is made clear that this court has expressed no opinion on the merit of the case.

6.

Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioner.

7.

The CRLMC is, accordingly, disposed of.

8.

Urgent certified copy of the order be granted on proper application.

(S. Pujahari) Judge DA