IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5117 of 2025 Umesh Saw@sahu ..... Petitioner Represented By Adv. -

Biraja Prasanna Das -versus-

State Of Odisha and another ..... Opposite Parties Represented By Adv. –

Mr. U.R. Jena, AGA CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.12.2025 Order No.

02 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as prayer made therein.

3. By filing the present application under Section 528 of the BNSS, the Petitioner seeks to invoke the inherent power of this Court to quash a portion of the order dated 30.10.2025 whereby the Vakalatnama filed on behalf of the Informant along with the objection which was rejected by the learned trial Court.

4. Learned counsel for the Petitioner at the outset contended that pursuant to the order passed by this Court in CRLMC No.3691 of 2025 disposed of vide order dated 24.09.2025, the Opposite Party No.2 surrendered before the learned J.M.F.C., Sinapali and moved an application for bail. By order dated 30.10.2025, the learned trial Court heard the such application and disposed of the same vide order dated 30.10.2025. It appears that in the course of hearing of the bail application, the learned counsel for the accused filed a memo with a prayer to withdraw of the bail application. Hence, the bail application was permitted to be withdrawn as not pressed. Accordingly, the Vakalatnama filed on behalf of the informant was not accepted by the learned trial Court holding that filing of such Vakalatnama is not maintainable in the eye of law.

5. Learned counsel for the State on the other hand contended that since the accused has withdrawn the bail application, the entire matter has become infructuous. Therefore, no effective order can be passed in the application filed by the Petitioner challenging order dated 30.10.2025. On a careful consideration of the submissions made by the learned counsels appearing for the Parties and on close scrutiny of order dated 30.10.2025 passed by the learned J,M.F.C., Sinapali, this Court found that pursuant to the liberty granted by this Court, the accused-Opposite Party No.2 surrendered before the Court below and moved an application for bail. However, such bail application was permitted to be withdrawn as not pressed. Therefore, no prejudice has been caused to the Informant. As such, the Petitioner is not affected by order dated 30.10.2025 in any event. However on perusal of the later part of the order, this Court found that the learned trial Court has held that the Vakalatnama filed on behalf of the informant is not maintainable. Learned trial Court should have avoided such observation. In view of the aforesaid position, the present application is being disposed of by granting liberty to the Petitioner to raise his objection in the event Petitioner files any bail application in future which shall be duly considered by the learned trial Court.

6. With the aforesaid observation and direction, the CRLMC application stands disposed of.

( A.K. Mohapatra )

Judge Sisir Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 12-Dec-2025 14:07:11