BACHAN DIGAL v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE ADITYA KUMAR MOHAPATRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2025-12-24. BACHAN DIGAL v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 5558 of 2025 Bachan Digal & Ors. ..... Petitioners Represented by Adv. - Sk. Zafarulla -versus- State Of Odisha ..... Opp. Party Represented by Adv. – U. C. Jena, A. S. C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24. 12. 2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard the learned counsel for the Petitioners as well as learned counsel for the State-Opposite Party. Perused the application as well as the prayer made therein. 3. The present Criminal Miscellaneous Case has been filed by the Petitioners with a prayer to quash the entire criminal proceeding initiated against them in connection with Manamunda P. S. Case No. 222 of 2025, corresponding to Special Case No. 184 of 2025 (NDPS), pending in the court of learned Addl. Sessions Judge-cum- Special Judge, Kantamal. 4.
Learned counsel for the Petitioners, at the outset, contended that although the Petitioners have a very good case for quashing of the entire criminal proceeding, however, they do not want to press this application at this stage and seek permission to withdraw the same with liberty to raise all the points at the appropriate stage by Page 1 of 2. filing an appropriate application. 5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for. 6.
Further, taking into consideration the submission made by the learned counsel for the Petitioners that nothing has been recovered from the exclusive and conscious possession of the present Petitioners, as is evident from the seizure list under Annexure-2; and that the Petitioners are ready and willing to cooperate with the trial, without expressing any opinion on the merits of the matter, it is directed that if the Petitioners surrender before the court in seisin over the matter within four weeks from today and move an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioners in accordance with law on the same day. While considering the bail application of the Petitioners, the court in seisin over the matter shall take into consideration the fact that since nothing has been recovered from the exclusive and conscious possession of the present Petitioners, the bar under Section 37 of the N. D. P.
S Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioners. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Page 2 of 2. Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Dec-2025 13:31:58
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.