Page 1 of 3

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3522 of 2022

Baijayanti Rout & Others

&.

Petitioners

Mr. Akshaya Kumar Sahoo, Advocate

-Versus-

State of Orissa

&.

Opposite Party

Mr. S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER

30.11.2022

01.

1.

Heard learned counsel for the petitioners and learned

counsel for the State.

2.

Prayer in the present case is to quash the impugned order

dated 29^th January, 2022 passed by the learned S.D.J.M.,

Jagatsinghpur in G.R. Case No.1325 of 2021 arising out of

Jagatsinghpur P.S. Case No.611 of 2021 on the grounds stated

thereon.

3.

Learned counsel for the petitioners submits that after the

FIR was lodged, Jagatsinghpur P.S. Case No.611 of 2021 was

registered under Sections 294, 323, 307, 379, 506 and 34 of IPC

and on completion of investigation, chargesheet has been filed

against the petitioners under Sections 294, 323, 506 and 34 IPC

excluding Section 307 IPC but then learned court below took

cognizance of the offences under Sections 294, 323, 506, 307 & 34

Page 2 of 3

IPC vide Annexure-3 which is currently under challenge. It is further

submitted that as per the chargesheet, a copy which is at Annexure-

2 series, the injuries sustained by the victim are found to be simple

in nature but then despite that learned court below took cognizance

of the offence under Section 307 IPC which is not tenable in law

and the same is liable to be interferred with, which is objected to by

Mr. Mohapatra, learned ASC for State on the ground that

notwithstanding such simple injuries, the victim was assaulted in the

manner which stand described in the FIR under Annexure-1 and that

makes out a case for the said offence.

4.

A copy of the FIR at Annexure-1 and the same is perused by

this Court. It is made to appear from Annexure-1 that the victim was

assaulted by fist and kick blows and also putting him down on the

floor and standing over his neck. Considering the circumstances and

the manner of assault and irrespective of the injuries received

though simple in nature, the Court is of the view that the offences

under Section 307 is prima facie made out considering the entirety

of the materials along with the chargesheet under Annexure-2 series.

5.

At this juncture, learned counsel for the petitioners submits

that since the petitioners were issued with Section 41-A Cr.P.C., in

the meantime, post-submission of chargesheet, NBWAs have been

issued which are pending execution and therefore, at least the

petitioners in the event the Court is not inclined to interfere with

the impugned order under Annexure-3 should direct them to

surrender and go on bail.

6.

Considering the limited prayer, this Court disposes of the

CRLMC with a direction to the petitioners to surrender before the

learned District and Sessions Judge, Jagatsinghpur on or before 20^th

December, 2022 in G.R. Case No.1325 of 2021 arising out of

Jagatsinghpur P.S. Case No.611 of 2021 and move for bail and in

Page 3 of 3

such an event, learned court below shall release them on bail subject

to conditions. The petitioners are also granted liberty to raise all the

grounds as are available to them in law while seeking discharge and

any such application if so moved before the court below, learned

Sessions Court shall consider the same and pass appropriate order

thereon as per and in accordance with law.

7.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik)

Judge

U.K.Sahoo