The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1277 of 2025 ..... Petitioners Represented By Adv. – Smt. Sujata Jena 1) Mahadev Behera @ Malaya Swain 2) Laxidhar @ Laxmidhar Khatua 3) Likun Sahu @ Leeladhar Khatua 4)Chandan Mahalik @ Chittaranjan Behera 5) Sarbeswar Behera @ Shubhrajit Choudhury @ Chaudhari 6) Mahendra Parida @ Dharmananda Choudhury 7) Prasanta Kumar Jena 8) Soumya Sahoo @ Satya Sundar Swain State of Odisha -versus- ..... Opposite Party Represented By Adv. – Smt. Sasmita Nayak, ASC CRLMC No.1234 of 2025 1) Krushna Chandra Behera 2) Saktimbar Choudhury 3) Kuber Rout ..... Petitioners Represented By Adv. – Mr. Basudev Pujari State of Odisha -versus- ..... Opposite Party
Legal Reasoning
Represented By Adv. – Smt. Sasmita Nayak, ASC Page 1 of 10. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 23.10.2025 08. 1. These matters are taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. The above noted applications have been field at the instance of the Accused-Petitioners under Section 482 of Cr.P.C., which corresponds to Section 528 of B.N.S.S., 2023, with a prayer to quash the entire criminal proceeding in G.R. Case No.777 of 2022, arising out of Cantonment P.S. Case No.92 of 2022, pending in the file of learned J.M.F.C.-II (Cog. Taking), Cuttack. 3. The F.I.R. in Cantonment P.S. Case No.92 of 2022 was registered for commission of offences punishable under Sections 146/ 147/ 148/ 341/ 294/ 323/ 336/353/149 of I.P.C. read with Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 100 of Orissa Urban Police Act, 2003. 4. Since both the applications have been preferred by different accused persons with an identical prayer and with similar factual backgrounds, arising out of a common F.I.R, both the applications were heard together and are being disposed of by the following common order. 5. As per the F.I.R. allegation, which was registered on the basis of the information of the IIC, Cantonment Police Station, Page 2 of 10. Cuttack, on 17.06.2022 at about 3.40 P.M., the IIC and other police personnel were performing law and order duty near Baliyatra ground. It has been alleged that 1000 aspiring candidates for recruitment as Agneepath and Agniveer, who had gathered outside the Army Recruitment Office at Cantonment Road, Cuttack, were agitating/protesting against the conduct of the Army Recruitment Agency. It is alleged that although the candidates were invited for selection as Agneepath and Agniveer, however, such selection was abruptly cancelled. Accordingly, the candidates, who had gathered from all corners of the State, decided to agitate/ to demonstrate/ to protest in front of the Army Recruitment Office, Cantonment Road, Cuttack. It has also been indicated in the F.I.R. that such recruitment examination was also cancelled on several occasions earlier. Thus, the aspiring candidates were aggrieved by the conduct of the Army Recruitment Office and decided to protest against such conduct of the authority. 6. The F.I.R. further reveals that keeping in view the gathering of aspiring candidates from different coroners of the State in large numbers, elaborate security arrangement were made at such place. It is further alleged that the agitation got violent and some of the candidates started causing damage to the public property. As a result of which, the police officers, who were on law and order duty, took action immediately. Although the crowd gathered outside the Army Recruiting Office was dispersed, however they all gathered at Baliyatra ground Page 3 of 10. thereafter. It was also stated that some of the police officers went to the agitating candidates and explained to them to continue their agitation in a peaceful manner without resorting to any kind of violence. They were also explained that the examination has only been postponed and not cancelled. Therefore, awaiting orders from the Government, the authorities were not in a position to carry out such examination at that point of time. On the basis of the aforesaid information, a formal F.I.R. was drawn and the same was registered as Cantonment P.S. Case No.92 of2022 for alleged commission of offences punishable under the sections as mentioned hereinabove. 7. In the F.I.R., around 19 persons have been specifically named. So far as the Petitioners in CRLMC No.1234 of 2025 are concerned, they have not been named in the F.I.R. However, the other Petitioners have been named in the F.I.R. 8. Mr. Basudev Pujari, learned counsel appearing for the Petitioners in CRLMC No.1234 of 2025 along with Smt. Sujata Jena, learned counsel appearing for the Petitioners in CRLMC No.1277 of 2025 stated before this Court that the Petitioners have been falsely implicated in the present case. It was further contended that many aspiring candidates have gathered for engagement as Agneepath and Agniveer and such recruitment was to be conducted by the Army Recruitment Office at Cantonment Road, Cuttack. They further submitted that earlier also the candidates had appeared on several occasions and the Page 4 of 10. examination was deferred. They further contended that the Petitioners and other aspiring candidates had travelled from distant places with the hope that they will have an opportunity to participate in the recruitment process. However, the authorities in complete disregard to the Petitioners’ plight cancelled the recruitment process and consequential examination abruptly without any prior intimation of said facts to the aspiring candidates. As such, the candidates, who had gathered from all corners of the State, were left dissatisfied and disgruntled, decided to protest against such conduct of the Army Recruitment Office at Cantonment Road, Cuttack. 9. Learned counsels appearing for the Petitioners in both the applications categorically submitted before this Court that the Petitioners were not present at the spot and that they have never indulged in any kind of violent activity. However, they have been falsely implicated in the present case. They further contended that the Petitioners have been mechanically implicated in the present case on the basis of the list of the candidates who were supposed to appear in the test to be conducted on that date. They further alleged that such list was collected from the Army Recruitment Office and on the basis of such list, the police have arraigned the Petitioners and similarly situated many other persons without knowing them properly. It has also been emphatically argued by the learned counsels appearing for the Petitioners that there is absolutely no material to establish the fact that the Petitioners were a part of the mob in Page 5 of 10. the alleged incident. It was also stated that no damage was caused to the public property and that the F.I.R. has been exaggerated. Learned counsels for the Petitioners further submitted that hypothetically even if the allegation made in the F.I.R is taken to be correct, no case is made out against the present Petitioner on the basis of such allegation as no specific role has been ascribed to the Petitioners in the alleged crime. On such ground, learned counsels for the Petitioners submitted that further continuance of the entire criminal proceeding would be an abuse of the process of law. 10. In course of argument, learned counsels appearing for the Petitioners further contended that some of the Petitioners, who are brilliant students, have been selected for different Government jobs. In view of the pendency of the present case they have not been able to join in such post awaiting conclusion of the present proceeding. In the aforesaid factual backdrops, learned counsels appearing for the Petitioners stated before this Court that unless the present proceeding is brought to an end, the career of the present Petitioners would be ruined. It was also urged before this that the families of the Petitioners are dependent on them for their livelihood. However, due to the pendency of the present case, the Petitioners’ cases have not been considered for appointment, as a result of which, not only the Petitioners but also their entire families are suffering. 11. Learned counsel for the State, on the other hand, objected Page 6 of 10. to the prayer made in the present application. He further submitted that some of the Petitioners have been named in the F.I.R. Learned counsel for the State, on the basis of the instruction from the ACP I/C of Cantonment Police Station, Cuttack, vide letter dated 22.10.2025, submitted before this Court that in course of investigation a prima facie case has been well made out against the accused persons including the Petitioners. It has also been indicated that such accused persons were noticed under Section 41-A of Cr.P.C. Such instruction further reveals that in the meantime investigation has been concluded and final charge sheet has been submitted on 06.07.2023 under the alleged sections. Moreover, the instruction further reveals that initially the accused persons were agitating before the Army Recruitment Board, however, later such agitation turned violent subsequently. It has been generally stated that materials are available on record which indicate that the present Petitioners were among the mob/unlawful assembly. However, no such specific materials have been referred to in the aforesaid instruction. The instruction that has been provided is of general nature and that no specific material have been brought out or referred to against the present Petitioners. On the basis of the aforesaid instruction, learned counsel for the State submitted that since a case is well made out against the accused- Petitioners, the present application being devoid of merit is liable to be dismissed. 12. Having heard the learned counsels appearing for the Page 7 of 10. respective parties and on a careful examination of the background facts as well as the materials produced in course of hearing, further taking into consideration the instruction vide letter dated 20.10.2025, this Court prima facie observes that the Petitioners were arrayed as an accused in the F.I.R. for alleged commission of offences that had taken place in the year 2022 near the Army Recruitment Office, Cantonment Road, Cuttack. It appears that more than 1000 aspiring candidates were gathered pursuant to the notice for recruitment as Agneepath and Agniveer issued by the Army Recruitment Agency. The background of the dissention among the aspiring candidates appears to be that earlier also they were noticed regarding the recruitment; however, no such recruitment took place. This time though they were again noticed to appear for such recruitment, however, again the recruitment process was cancelled awaiting further instruction from the Government. As a result of which, the candidates, who were present at the spot were dissatisfied and they decided to protest against such conduct of the Army Recruitment Office. Although it has been alleged by the Petitioner that the candidates present there were agitating peacefully, the police intervened and dispersed them. 13. On perusal of the case diary as well as material collected in course of investigation, this Court found that no specific material has been brought out against the present Petitioners to implicate them in the present offence. On a specific order passed by this Court directing the I.O. to furnish details with regard to the Page 8 of 10. involvement of the present Petitioners, learned counsel for the State produced a copy of the instruction dated 22.10.2025. 14. On perusal of the said instruction, this Court also found that there are no specific allegations against the present Petitioners and that the information contained is general in nature and it relates to an occurrence and incident that had taken place on 17.06.2022. Of course, this Court would like to observe at this stage that in a gathering of more than 1000 candidates, it is difficult to name every accused person and every person conspiring with a specific role. However, since the charge-sheet has already been filed on 06.07.2023, the prosecution is expected to come up with a specific case indicating the role played by each of the accused persons in the alleged crime. However, no such material was placed before this Court while considering the present applications. Moreover, this Court found that some of the candidates have appeared in the subsequent examination and they have been selected and only because of the pendency of present case, their cases have not been considered for appointment. In view of the aforesaid factual position, this Court is of the view that the present case is a fit case where this Court is required to exercise its inherent powers under section 482 of Cr.P.C., which corresponds to Section 528 of B.N.S.S., 2023, in the larger interest of justice and to prevent the abuse of process of law. 15. Accordingly, both the Criminal Miscellaneous Case are Page 9 of 10. allowed and the entire criminal proceeding launched against the Petitioners vide G.R. Case No.777 of 2022, arising out of Cantonment P.S. Case No.92 of 2022, pending in the file of learned J.M.F.C.-II (Cog. Taking), Cuttack, is hereby quashed, so far as the present Petitioners are concerned. The learned J.M.F.C.-II (Cog. Taking), Cuttack or the court in seisin over the matter shall, on receipt of this order/production of the certified copy of this order, close the proceeding in the aforesaid case in compliance of this order against the Petitioners only. Issue urgent certified copy of this order as per Rules. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 28-Oct-2025 11:32:22 Page 10 of 10.