Saroja Kumar Sethi@Saraju v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3917of 2022 Saroja Kumar Sethi @ Saraju ....

Petitioner Mr. Akshaya Kumar Sahoo, Advocate -VersusState of Orissa ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICER.K. PATTANAIK

ORDER

20.12.2022 Order No.

01.

1.

Heard learned counsel for the respective parties. 2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner challenging the order dated 4th January, 2021 passed by the learned J.M.F.C., Ranpur in G.R. Case No.362 of 2020 arising out of Chandpur P.S. Case No.96 of 2020 on the grounds stated therein.

3.

Perused the copy of the FIR as at Annexure-1. 4.

It is informed to this Court the chargesheet has been filed in the year 2020 for offences under Sections 170, 171, 406, 420, 468, 471, 506, 120(B) and 34 IPC and learned court below took cognizance of the said offences under Annexure-3. 5.

Learned counsel for the petitioner does not want to press the matter on merit and submits that the petitioner is not the principal accused, who rather collected money from the informant and others by claiming himself to be Additional Chief Secretary of the Government and in such view of the matter, he should be

directed to surrender before the learned court below and released on bail as in the meantime, the other accused has been granted bail. 6.

Mr. Praharaj, learned counsel for the State submits that no case is made out for interference.

7.

Having regard to the nature of allegation and the fact that the other accused did the mischief and impersonated the informant and other persons and collected public money from the latter, the Court though is not inclined to intervene and interfere with the order dated 4th January, 2021 passed by the learned J.M.F.C., Ranpur in G.R. Case No.362 of 2020, however, considering the prayer of the petitioner, is of the view that the petitioner should be allowed to surrender and go on bail. Accordingly, it is ordered. 8.

Consequently the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C., Ranpur on or before 6th January, 2023 in Chandpur P.S. Case No.96 of 2020 corresponding to G.R. Case No.362 of 2020 and in the event he surrenders, the court below shall release him on bail with conditions as deemed just and proper.

9.

Urgent certified copy of this order be issued as per the rules. 10.

Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge U.K.Sahoo