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2026 Supreme(Ori) 526

ORISSA HIGH COURT
JAHIR JAHANGIR MALLA – Appellant
Versus
STATE OF ODISHA – Respondent


Judgment :

Sanjeeb K Panigrahi, J.

1. The Petitioner has instituted the present Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking inherent jurisdiction of this Court, assails the order dated 10.04.2023 passed in C.T. Case No.7834/2022, arising out of Mancheswar, P.S. Case No.486/2022, pending before the learned J.M.F.C.(II), Bhubaneswar whereby a Non-Bailable Warrant was issued against the Petitioner at the instance of the Investigating Officer.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On 19.12.2022, Mancheswar P.S. Case No. 486/2022 was registered against the Petitioner and six others for alleged commission of offences punishable under Sections 399 and 402 of IPC, corresponding to Sections 310(4) and 310(5) of BNS. Pursuant to the registration of the said F.I.R., C.T. Case No. 7834/2022 was initiated against the accused persons before the learned J.M.F.C.(II), Bhubaneswar.

(ii) During the patrolling duty, the informant and other staff received information that the accused persons were assembled near Somanath Youth Club and were allegedly preparin

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