Orissa High Court
CRLMC/1564/2026 of NILAKANTHA DAS @ BAPUN Vs STATE OF ODISHA on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1564 of 2026 CNR No. ODHC010342352026 Nilakantha Das @ Bapun ..... Petitioner Represented by Adv. - Dhirendra Kumar Mohapatra -versus- 1) STATE OF ODISHA ..... Opposite Parties 2) INFORMANT Represented by Adv. – Miss B.L. Tripathy, ASC
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1564 of 2026
CNR No. ODHC010342352026
Nilakantha Das @ Bapun
.....
Petitioner
Represented by Adv. -
Dhirendra Kumar Mohapatra
-versus-
1) STATE OF ODISHA
.....
Opposite Parties
2) INFORMANT
Represented by Adv. –
Miss B.L. Tripathy, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
17.08.2026 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 application filed by the accused- Petitioner under Section 482 of the Cr.P.C. with a prayer for quashing of the FIR dated 16.12.2025 in Sundargarh Town P.S. Case No.597 of 2025 which corresponds to G.R. Case No.1991 of 2025 and now pending in the Court of learned S.D.J.M., Sundargarh.
3. Learned counsel for the Petitioner at the outset contended that initially the Petitioner was not named in the FIR subsequently he has been arrayed as an accused on the basis of a co-accused statement. He further contended that there exists no material whatsoever to implicate the present Petitioner in the present crime. It was also contended that the investigating agency has mechanically filed the charge-sheet dated 15.03.2026 at Annexure-2 name in the Petitioner as one of the accused. Though the Petitioner was initially not named in the FIR. He further
Page 2 of 2. contended that the charge-sheet is entirely baseless as there is no material he support the allegation of the involvement of the Petitioner in the present crime. On such ground, learned counsel for the Petitioner prayed for quashing of the entire criminal proceeding.
4. Learned counsel for the State on the other hand contended that after thorough investigation the Investigating Agency has already filed charge-sheet implicating the Petitioner. In such view of the matter, learned counsel for the State contended that the present application of the Petitioner under Section 482 Cr.P.C. is devoid of merit and accordingly, the same should be dismissed.
5. Learned counsel for the Petitioner at this juncture contended that he does not want to press the application at the stage of admission with liberty to raise at the time of framing of a charge by filing a discharge application.
6. Considering such submission, this Court deems it proper to dispose of such application by granting liberty to the Petitioner to withdraw this application with further liberty to raise this ground along with any other ground at the time of framing of charges by filing a discharge application. In the event, any such application is filed, the same shall be considered strictly in accordance with law and on the basis of the materials collected in course of investigation.
7. With the aforesaid observation and direction, the CRLMC application stands disposed of.
( A.K. Mohapatra)
Judge Sisir
Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Aug-2026 19:10:37 Signature Not Verified