Orissa High Court
CRLMC/2077/2026 of SAROJ KUMAR MOHANTY Vs STATE OF ODISHA on 1 September 2026
of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2077 of 2026 CNR No. ODHC010465552026 Saroj Kumar Mohanty and another ..... Petitioners Represented by Adv. – Mr. Debidutta Mohapatra -versus- State of Odisha ..... Respondent Represented by Adv. – Smt. Sasmita Jena, ASC CORAM: MR.
Page 1 of 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2077 of 2026
CNR No. ODHC010465552026
Saroj Kumar Mohanty and
another
.....
Petitioners
Represented by Adv. –
Mr. Debidutta
Mohapatra
-versus-
State of Odisha
.....
Respondent
Represented by Adv. –
Smt. Sasmita Jena, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
01.09.2026 Order No.
05.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner.
3. I have perused the CRLMC application filed under Section 528 of BNSS, 2023, challenging the order dated 28.05.2026 passed by the learned 1st Additional Sessions Judge, Berhampur in S.T. Case No.71 of 2026, which corresponds to Badabazar P.S. Case No.364 of 2025.
4. By virtue of the impugned order dated 28.05.2026, the learned trial court has partially rejected the application of the Petitioners’ under Section 498 of BNSS, 2023.
5. Being aggrieved by such order, the Petitioner has filed this
Page 2 of 2. application under Section 528 of BNSS, 2023.
6. On perusal of the provisions contained in BNSS, 2023, it appears that an appeal provision has been provided under Section 500 of BNSS, 2023 as against order passed under Section 498 of BNSS, 2023.
7. In view of the provisions contained in Section 500(1) of BNSS, 2033, the appeal shall lie to this Court.
8. Accordingly, on the request of the learned counsel for the Petitioners, he is permitted to withdraw this application with liberty to file an appeal.
9. Petitioners may utilize the certified copy of the impugned order, which has been obtained in the meantime.
( A.K. Mohapatra )
Judge Debasis
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 03-Sep-2026 14:17:37 Signature Not Verified