Orissa High Court
CRLMC/3020/2026 of KOTESWAR DASH @ RINKU Vs STATE OF ODISHA on 1 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3020 of 2026 CNR No. ODHC010664472026 Koteswar Dash @ Rinku ..... Petitioner Represented by Adv. - Debidutta Mohapatra -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE MR.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3020 of 2026
CNR No. ODHC010664472026
Koteswar Dash @ Rinku
.....
Petitioner
Represented by Adv. -
Debidutta Mohapatra
-versus-
State Of Odisha
.....
Opp. Party
Represented by Adv. –
P.K. Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
01.
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. This is an application under Section 528 of BNSS has been filed by the Petitioner with a prayer to quash the entire proceeding in connection with Khandagiri P.S Case No.833 of 2026, corresponding to C.T Case No.2052 of 2026 in the file of learned JMFC-V, Bhubaneswar, for alleged commission of offences under Sections 126(2), 109(1), 115(2), 118(1), 3(5) of BNS.
4. Learned counsel for the Petitioner, at the outset, submitted that the Petitioner, who is aged about 18 years, is a student and that he has been falsely implicated in the present case. He further contended that due to a misunderstanding between two groups, a scuffle took place. As a result, the Petitioner has been implicated in the present case by the informant. He further submitted that the injury sustained by the injured is not serious.
5. Learned counsel for the Petitioner, at this juncture, contended that the Petitioner does not want to press this application with the prayer for quashing of the entire criminal proceeding with liberty to the Petitioner to raise all the points at the time of framing of charge by filing a discharge application.
6. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.
7. Further, taking into consideration the submissions made by learned counsel for the Petitioner, further keeping in view the age and future of the Petitioner, this Court permits the Petitioner to surrender before the learned JMFC-V, Bhubaneswar in the aforesaid case in the first hour within three weeks 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.
8. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:28 Signature Not Verified