Orissa High Court
CRLMC/90/2025 of DEEPAK SAHU Vs STATE OF ODISHA on 1 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.90 of 2025 CNR No. ODHC010937752024 Deepak Sahu ..... Petitioner Represented By Adv. – Mr. Kirtan Dang -versus- State Of Orissa ..... Opposite Party Represented By Adv.- Smt. Sasmita Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.90 of 2025
CNR No. ODHC010937752024
Deepak Sahu
.....
Petitioner
Represented By Adv. –
Mr. Kirtan Dang
-versus-
State Of Orissa
.....
Opposite Party
Represented By Adv.-
Smt. Sasmita Nayak, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
03.
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 grounds taken therein.
3. By filing the present application under Section 482 of the Cr.P.C., which corresponds to Section 528 of the BNSS, 2023. The accused-Petitioner has approached this Court with a prayer for quashing of the criminal proceeding in connection with Angul P.S. Case No.545 of 2024 which corresponds to G.R. Case No.1043 of 2024 pending in the court of learned S.D.J.M., Angul and Angul P.S. Case No.701 of 2024 corresponding to G.R. Case No.1361 of
2024 pending before the very same court.
4. Learned counsel for the Petitioner, at the outset, contended that on the basis of the self-same occurrence and allegation two FIRs were lodged at Angul Police Station bearing P.S. Case No.545 of 2024 and P.S. Case No.701 of 2024. He further contended that since both the FIRs have been lodged in respect of the self-same occurrence and the same is illegal and one such FIR should be quashed.
5. Learned counsel for the State, on the basis of the instructions, received from the IIC Angul, P.S. dated 23.08.2026 submitted before this Court that Angul P.S. Case No.545 of 2024 which was registered for commission of offence under Section 498-A, 294, 323 506 of IPC has been returned as Final Report Mistake of Law vide F.F. No.373 dated 20.04.2025. Further instructions has been given that in Angul P.S. Case No.701 of 2024, charge sheet has been filed bearing C.S.No.549 dated 30.10.2024 against the present Petitioner. Therefore, learned counsel for the State contended that there remains only one P.S. wherein charge sheet has been filed and the Petitioner was required to face trial in that case.
6. In view of the aforesaid development, this Court is of the considered view that since there is only one FIR, wherein a charge sheet has already been filed, the challenge of the Petitioner initiation of two criminal proceeding in respect of self-same occurrence by filing two different FIRs, no more survives.
7. Accordingly, the present CRLMC application is being disposed of by granting liberty to the Petitioner to raise other grounds at the time of framing of charge by filing a discharge
application. In such event, the learned trial court shall consider the same in accordance with law.
( Aditya Kumar Mohapatra )
Judge
Sumitra
Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 16:18:25 Signature Not Verified