Orissa High Court
CRLMC/4729/2011 of DURGAMADHABA MISHRA Vs STATE on 31 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 4729 of 2011 Durga Madhab Mishra …. Petitioner Mr. B.S. Rayaguru, Advocate -versus- 1. State of Odisha 2. Sri Chiraranjan Satapathy …. Opp. Parties Mr. Saroj Kumar Rout, Additional Standing Counsel CORAM: THE HON’BLE MISS
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4729 of 2011
Durga Madhab Mishra
….
Petitioner
Mr. B.S. Rayaguru, Advocate
-versus-
1. State of Odisha
2. Sri Chiraranjan Satapathy
….
Opp. Parties
Mr. Saroj Kumar Rout,
Additional Standing Counsel
CORAM:
THE HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No. 31.07.2026
(Through Hybrid Mode)
27.
1. This CRLMC has been filed challenging the order dated 17.10.2011 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 811 of 2010 taking cognizance of the offences under Sections 306 and 498 (A) of the IPC against the Petitioner.
2. I have heard Mr. B.S. Rayaguru, learned counsel for the Petitioner and Mr. Saroj Kumar Rout, learned Additional Standing Counsel.
3. The impugned order so far as it relates to the offence under Section 306 of the IPC is concerned is quashed. But I am satisfied that there are sufficient materials on record for taking cognizance of the offence under Section 498-A of the IPC against the Petitioner.
4. The CRLMC is partly allowed by judgment recorded in separate sheets today.
5. The trial in G.R. Case No. 811 of 2010 shall now proceed against the Petitioner for the offence under Section 498-A of the IPC only.
6. Interim order passed earlier staying further proceeding in G.R. Case No. 811 of 2010 stands vacated. Misc. Case No. 3270 of 2011 stands disposed of.
7. This order be communicated to the learned trial Court.
8. Urgent certified copy of the order be granted on proper application.
(Savitri Ratho)
Judge
Sukanta Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 31-Jul-2026 19:11:02 Signature Not Verified