Tushar Kanta Nayak v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2168 of 2016 Tushar Kanta Nayak and another ....

Petitioners Mr. A. Tripathy, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. N.K. Praharaj, AGA

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

16.09.2022 04.

1. Learned counsel for the Petitioners seeks to quash the order Order No.

dated 9th May, 2016 passed in I.C.C. No.21 of 2016 pending before the learned S.D.J.M., Nayagarh. In course of hearing, it is submitted by the learned counsel that it is suffice if an order is passed directing the Petitioners to surrender before the learned court below and be allowed to take the entire plea that is taken here in this petition.

2. Accordingly, while not interfering with the merits of the case, without invoking jurisdiction under Section 482, Cr.P.C, this Court refrains from passing an order directing the Petitioners to surrender before the learned court below since it is a voluntary act on the part of the Petitioners. However, if so advised to surrender and the Petitioners surrender within 15 days of passing of this order, the learned court below while entertaining the prayer for bail shall do well in passing appropriate order in

// 2 // accordance with law on its own merit taking into account the nature of duties, chance of fleeing away from the jurisdiction of the Court etc;

3. With the above observation, the CRLMC is disposed of. (Chittaranjan Dash) Judge KC Bisoi