Orissa High Court

CRLMC/3031/2026 of LITUNA BISWAL Vs STATE OF ODISHA on 8 September 2026

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of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3031 of 2026 CNR No. ODHC010654992026 Lituna Biswal ..... Petitioner Represented by Adv. - Bikash Karna -versus- State of Orissa and another ..... Opposite Parties Mr. J.K. Ray, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3031 of 2026

CNR No. ODHC010654992026

Lituna Biswal

.....

Petitioner

Represented by Adv. -

Bikash Karna

-versus-

State of Orissa and another

.....

Opposite Parties

Mr. J.K. Ray, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

08.09.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the records.

3. By filing the present application the accused-Petitioner in G.R. Case No.380 of 2023, pending in the court of learned J.M.F.C.(R), Cuttack, which corresponds to Cuttack Sadar P.S. Case No.190 of 2023 has approached this Court by invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C and with a prayer to quash the charge-sheet filed in the above-noted G.R. case.

4. Learned counsel for the Petitioner, at the outset, contended that both the Petitioner and the Informant-Opposite Party No.2 were working in a hotel. He further submitted that while working together in the said hotel they developed relationship. He further contended that such relationship is consensual and both are major. On such ground, learned counsel for the Petitioner submitted that no offence under Section 376 of IPC is made out against the present Petitioner.

5. Learned counsel for the Petitioner further submitted that in the meantime a charge-sheet has been. In view of such development, learned counsel for the Petitioner contended that he does not want to press this application with liberty to raise the grounds at the time of framing of charge by filing a discharge petition.

5. Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.

6. However, on the submission of the leaned counsels for the parties, without expressing any opinion on the merits of the matter, the Petitioner is given liberty to surrender before the learned J.M.F.C.(R), Cuttack, in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. Case

Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

Urgent certified copy of this order be granted as per rules.

( 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 09:33:32 Signature Not Verified

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