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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5443 of 2025

Deepak Kumar Sahu ..... Petitioner

Represented by Adv. –

Mr. Tirth Kumar Sahu

-versus-

State of Odisha ..... Opposite Party

Represented by Adv. –

Mr. U.C. Jena, ASC

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.12.2025

Order No.

01. 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-Opposite Party. Perused the application as well

as the documents annexed thereto.

3. By filing the present application under Section 528 of B.N.S.S.,

2025, the Petitioner seeks quashing of order dated 07.11.2025 passed

by the learned J.M.F.C.(R) (Cog. Taking), Berhampur in G.R. Case

No.1170 of 2024, which arises out of Berhampur Sadar P.S. Case

No.296 of 2024.

4. Learned counsel for the Petitioner, at the outset, contended that

initially an F.I.R. was lodged before the Berhampur Sadar Police

Station, which was registered as P.S. Case No.296 of 2024 for

commission of offences under Sections 140(1)/103(1)/3(5) of B.N.S.,

2023. In the said F.I.R., the Petitioner was not named. Subsequently,

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a charge sheet was filed without naming the Petitioner. He further

contended that while this was the position, on 27^th July, 2025, the

Petitioner was arrested in connection with the present case and

forwarded to the judicial custody. He further contended that although

the Petitioner moved an application under Section 187(3) of B.N.S.S.

at Anneuxre-4 series to the application, however, the same has been

rejected vide the impugned order dated 07.11.2025. Being aggrieved

by such order, the Petitioner has approached this Court by filing the

present application.

5. In course of his argument, learned counsel for the Petitioner

referring to the judgment of this Court in Vicky Kumar @ Kashyap

and another v. State of Odisha (CRLMC No.3669 of 2025, decided

on 24.11.2025) at Anneuxre-5, submitted before this Court that in an

identical matter, this Court has laid down the law with regard to the

applicability of Section 187(3) of the BNSS. Learned counsel for the

Petitioner, at this juncture, contended that while passing the impugned

order dated 07.11.2025, the trial court has not taken note of the

aforesaid judgment as the same was not available at the time of

hearing of such application under Section 187(3) of BNSS.

6. Learned counsel for the State, on the other hand, supported the

impugned order dated 07.11.2025 and contended that the trial court

has not committed any illegality in rejecting the prayer of the present

Petitioner. He further submitted that the present application is devoid

of merit and, accordingly, the same should be dismissed at the

threshold.

7. Having heard the learned counsels appearing for the respective

parties, on a careful examination of the materials on record, further

taking note of the judgment of this Court in Vicky Kumar @

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Kashyap’s case (supra), this Court deems it proper to remand the

matter to the trial court to consider the application of the Petitioner

afresh in terms of the judgment of this Court in Vicky Kumar @

Kashyap’s case (supra).

8. Accordingly, the impugned order dated 07.11.2025 at

Annexure-4 series is hereby set aside. Further, the matter is remanded

back to the trial court to consider the application of the Petitioner

under Section 187(3) of BNSS keeping in view the law laid down by

this Court in Vicky Kumar @ Kashyap’s case (supra) within a period

eight weeks from the date of communication of a copy of this order.

9. With the aforesaid observation and direction, the CRLMC

stands disposed of.

( Aditya Kumar Mohapatra)

Judge

Debasis

Signature Not Verified

Digitally Signed

Signed by: DEBASIS AECH

Reason: Authentication

Location: ORISSA HIGH COURT

Date: 24-Dec-2025 15:41:01

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