Ramesh Behera v. Miss Gayatri Patra, ASC
Case at a glance
Key paragraphs
- Para 44. Learned counsel for the Petitioner submits that though the Petitioner is an innocent person, the learned Magistrate has issued the impugned notice to the Petitioner thereby directing him to give two Government sureties based on the allegation of breach of peace in the locality.…
- Para 55. At this juncture, learned counsel for the State submits that since the Petitioner is a habituate offender in the locality, the learned Magistrate in order to maintain peace in the locality has issued the impugned notice to the Petitioner thereby giving certain directions therein.…
Judgment
ORDER 08.07.2026
This matter is taken up through hybrid arrangement.
In filing the present CRLMC, the Petitioner against whom the criminal proceeding in question is instituted by the Executive Magistrate, Tirtol based on the allegation of breach of peace in the locality, has prayed for quashing the impugned notice dated 22.05.2026 issued in connection with Criminal Misc. Case No.73 of 2026 pending before the Court of learned Executive Magistrate, Tirtol. Apart from the above, the Petitioner has also sought for a direction from this Court for waiving the condition of submission of Government Security from the impugned notice dated 22.05.2026.
Heard.
Learned counsel for the Petitioner submits that though the Petitioner is an innocent person, the learned Magistrate has issued the impugned notice to the Petitioner thereby directing him to give two Government sureties based on the allegation of breach of peace in the locality. She further contends that it is not possible on the part of the Petitioner to arrange two Government securities. She, accordingly, prays for allowing the prayer made in this CRLMC.
At this juncture, learned counsel for the State submits that since the Petitioner is a habituate offender in the locality, the learned Magistrate in order to maintain peace in the locality has issued the impugned notice to the Petitioner thereby giving certain directions therein. She, accordingly, prays for dismissal of the present CRLMC.
Considering the submissions made on behalf of both the parties and looking to the averments made in this CRLMC, though this Court is not inclined to quash the impugned notice dated 22.05.2026 passed in the above noted Criminal Misc. Case, expunges the condition of submission of two Government securities the said notice dated
22.05.2026. Rest part of the impugned notice dated
22.05.2026 remains unaltered.
Petitioner is directed to comply with the rest part of the direction issued in the said impugned notice in letter and spirit.
This CRLMC is, accordingly, disposed of. Ayaskanta Judge (Dr. Sanjeeb K Panigrahi)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.