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2007 DAILYLAW 972 (ORI)

COL.AJAY SAXENA v. BIRANCHI KU.BHUYAN

CRLREV/724/2007 · 2026-05-13

V Narasingh

body2007

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.724 of 2007 Col. Ajay Saxena … Petitioner Mr. G. Mukherji, Advocate -versus- Birnachi Kumar Bhuyan … . Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.05.2026 08. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. This Criminal Revision has been filed assailing the order dated 12.06.2007 passed by the learned J.M.F.C., Jajpur Road, in 1CC NO.190 of 2006, whereby the primary grievance of the Petitioner is clause No.III imposed by the learned Court in seisin while allowing the Petitioner’s application under Section 205(1) of the Cr.P.C. For convenience of reference the said clause No.III is extracted hereunder: “xxx xxx xxx III. His lawyer shall remain present personally on each date of posting of this Case or else the cohersive steps shall be taken against him, even if, without intimating anything to him. xxx xxx xxx” 3. It is submitted by the learned counsel for the Petitioner that the stipulation of lawyer to remain present on each date causes prejudice to the Petitioner since that will involve expenses. Hence, the same be modified by granting liberty to the Petitioner as well as his all learned lawyers to remain present during proceeding. 4. Learned counsel for the complainant submits that the very filing of this CRLREV is an abuse of process of law. 5. Considering the rival submission, the said clause-III of the impugned order is modified to the extent that it shall be open to either the Petitioner (accused) or the learned lawyers to remain present during proceeding. 6. Accordingly, the CRLREV stands disposed of. 7. Learned Court in seisin is requested to conclude the proceedings at the earliest. Registry is requested to communicate this order. (V. NARASINGH) Judge Soumya