Nrusingha Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5147 of 2021 Nrusingha Panda ....

Petitioner Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

26.08.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State submitted that notice on the informant is sufficient.

None appears on behalf of the informant.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Pattamundai P.S. Case No.19 of 2022 corresponding to T.R. Case No.6 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Kendrapara for alleged commission of offences under sections 324, 294, 323, 506/34 of the Indian

// 2 // Penal Code and section 3(1)(r), 3(1)(s), 3(2)(va) of the SC and ST (PoA) Act.

Considering the submissions made by the learned counsel for the petitioner that the ingredients of the offence under section 3 of the S.C. & S.T. (PoA) Act are not attracted and therefore, section 18 of the said Act is not a bar to entertain this application under section 438 of Cr.P.C, and the other offences are triable by Magistrate and after hearing the learned counsel for the State, who submitted that the injured has sustained simple injuries, the interim order dated 24.06.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P