Surendra Kumar Patro v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1595 of 2022 Surendra Kumar Patro ....

Petitioner Mr. Tukuna Kumar Mishra, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. P.K. Rout, AGA, OP No.1 None for OP No.2

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

20.09.2022 Order No.

03.

1.

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

2.

Instant petition at the behest of the petitioner is filed by the petitioner challenging the criminal proceeding and issuance of process in connection with Chandili P.S. Case No.164 of 2015 pending in the court of learned Nayadhikari Gram Nyalaya Kolnara at Rayagada on the grounds stated therein.

3.

Learned counsel for the petitioner submits that the petitioner is posted as a Panchayat Extension Officer (PEO) against whom an FIR has been lodged in Chandili P.S. Case No.164(1) of 2015 under Sections 3(1)(x) of SC & ST (PA) Act, 1989 and thereafter on completion of investigation, charge-sheet has been filed, a copy of which is filed at Annexure-2. It is submitted that in the meantime, the petitioner is required to appear before the learned court below if a direction is made to surrender.

4.

Learned counsel for the petitioner submits that the petitioner has been summoned by the court below in the meantime

and was directed to appear on the date fixed. But then apprehend remand in view of the offence alleged which is in relation to casting aspersion against the opposite party No.2. Accordingly, a prayer is made for a direction to surrender and release on bail as deem fit and proper by the learned court below. Accordingly, it is ordered. 5.

Consequently, the CRLMC stands disposed of with a direction to the petitioner to appear before the learned Nayadhikari Gram Nyalaya, Kolnara at Rayagada on or before 30th September, 2022 in Chandili P.S. Case No.164 of 2015 and on his appearance, learned court below shall release him on bail on such terms and conditions as would be deemed fit and proper in the facts and circumstances of the case.

6 .

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge