CRLMC/2771/2026 of KRISHNA RAO@ O KRISHNA RAO Vs STATE OF ODISHA on 8 September 2026

ORDER

08.09.2026 Order No.

02.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. By filing the present application the Petitioner, who has been shown as the second party-accused in Criminal Misc. Case No.675 of 2026 initiated under Section 129 of BNSS arising out of Mangalabag P.S. Non-FIR No.18 of 2026, has approached this Court challenging order dated 03.06.2026 passed by the ADCP- cum-Executive Magistrate, Cuttack UPD.

4. Learned counsel for the Petitioner, at the outset, contended that while passing an order under Section 129 of BNSS on 03.06.2026 the learned Executive Magistrate has imposed certain conditions which are not permissible in law. He further contended that such conditions are not provided in Section 129 of BNSS. Accordingly, the Petitioner has approached this Court with a prayer for modification of such conditions. In course of his argument, learned counsel for the Petitioner further submitted that although the Petitioner has some antecedents, however, he has been released on bail in most of the cases. In such view of the matter, learned counsel for the Petitioner contended that imposition of the conditions as has been imposed vide order dated 03.06.2026 affects the rights to liberty guaranteed to a citizen under the Constitution.

5. Learned counsel for the State, on the other hand, objected to the maintainability of the application on the ground that the Petitioner has not approached the learned Executive Magistrate, Cuttack UPD before approaching this Court by filing the present application. He further submitted that in the event the Petitioner is aggrieved by such condition, he should have approached the learned Executive Magistrate first. On such ground, learned counsel for the State submitted that the application being devoid of merit is liable to be dismissed.

6. Having regard to the submissions made by the learned counsels appearing for both sides, on a careful examination of the background facts as well as the order passed by the learned Executive Magistrate dated 03.06.2026, this Court is of the view that the Petitioner should have approached the learned Executive Magistrate first before approaching this Court by filing the present application under Section 528 of BNSS. In such view of the matter, the present application is being disposed of by granting liberty to the

Petitioner to approach the learned Executive Magistrate by filing an application seeking modification/variation of order dated 03.06.2026. In the event any such application is filed, the same shall be considered and disposed of within ten days from the date of filing of such application.

7. With the aforesaid observation/direction, the CRLMC application stands disposed of.

( Aditya Kumar Mohapatra )

Judge

S.K. Rout

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 09:33:33 Signature Not Verified