M/S.HINDUSTAN ORE AND MINING(P) LTD.KEONJHAR v. UNION OF INDIA
CRLMC/5571/2025 · 2026-01-27
S K Panigrahi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 5571 of 2025
M/s. Hindustan Ore & Mining (P) Ltd.
..…... Petitioner(s) Ms. Samapika Mishra, Adv.
-Versus-
Union of India
……. Opposite Party(s) Mr. P.K. Parhi, DSGI
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
27.01.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC with a prayer to quash the NBW issued on 14.10.2022 against the Petitioner in 2(C)(CC No.240 of 2017 by the learned Chief Judicial Magistrate (Special Court), Cuttack.
3. Heard learned counsel for the parties.
4. Learned counsel for the Petitioner submits that the Petitioner has filed a petition under Section 205 of Cr.P.C. for dispensing with the personal attendance of the Petitioner. Though the complainant was given time to file an objection, he did not file the same. Hence, the learned trial court heard the Petition on 13.04.2022 and posted it to 11.05.2022 for adjudication. She further Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 28-Jan-2026 19:16:25 Signature Not Verified
2
submits that though the date was fixed for delivery of the order, the learned trial court, instead of delivering the order again, posted the matter for further hearing on the petition filed under Section 205 of Cr.P.C. and for filing objection thereto.
5. Learned counsel for the Petitioner further contends that all the dates the counsel for the Petitioner was present in the court. But, on 17.09.2022 no steps was taken by the conducting counsel for which NBW was issued against the Petitioner on 14.10.2022.
6. In such view of the matter and considering the submission made, this Court directs the learned trial court to dispose of the petition filed under Section 205 of Cr.P.C. by the Petitioner in accordance with law. Accordingly, the CRLMC is allowed. The NBW issued against the Petitioner vide order dated 14.10.2022 passed by the learned Additional Chief Judicial Magistrate (Special Court), Cuttack in 2(C)CC No.240 of 2017 is quashed.
7. Accordingly, the CRLMC is allowed.
( Dr. Sanjeeb K Panigrahi)
Judge Murmu