Biraja Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3582 of 2022 Biraja Mallik ....

Petitioner Mr. Amulya Ratna Panda, Advocate -VersusState of Orissa ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

01.12.2022 Order No.

01.

1.

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

2.

The challenge in the present petition is to the order of cognizance dated 5th September, 2022 passed by the learned S.D.J.M., Jajpur in C.T. Case No.465 of 2022 arising out of Mangalpur P.S. Case No.112 of 2022 on the grounds stated therein. 3.

Perused the copy of the FIR as at Annexure-1 and order of cognizance under Annexure-3.

4.

In fact, on a report being lodged, Mangalpur P.S. Case No.112 of 2022 was registered under Sections 341, 323, 294, 506 and 34 of IPC and after completion of investigation, the local police filed chargesheet against the accused persons, consequent upon which, the learned Magistrate took cognizance of the same on 5th

September, 2022 and issued non-bailable warrants of arrest against the accused, who were shown as absconders in the case. 5.

Considered the submissions of the learned counsel for the respective parties. However, the Court does not find any reason to interfere with the impugned order under Annexure-3. But it is of the view that the petitioner should be directed to surrender before the learned court below in C.T. No.465 of 2022 and allowed to go on bail.

6.

Accordingly, it is ordered.

7.

Consequently, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned S.D.J.M., Jajpur on or before 20th December, 2022 in C.T. Case No.465 of 2022 arising out of Mangalpur P.S. Case No.112 of 2022 and in the event he surrenders, the court below shall release him on bail with conditions keeping in view the facts and circumstances of the case. 8.

Issue urgent certified copy of this order on proper application. (R.K. Pattanaik) Judge U.K.Sahoo