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2025 DAILYLAW 12159 (ORI)

BANAMALI MAHAKUD v. STATE OF ODISHA

CRLMC/564/2025 · 2025-02-17

Sibo Sankar Mishra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 564 of 2025 Banamali Mahakud …. Petitioner(s) Mr. R. Achary, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. S. N. Biswal, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 17.02.2025 01. 1. Heard. 2. The petitioner is facing prosecution in G.R. Case No. 752 of 2013 arising out of Jakhapura P.S. Case No.70 of 2023 pending in the Court of the learned JMFC, Jajpur Road. 3. The petitioner was earlier granted bail. However, he did not appear before the Court below on 20.07.2015 which led to issuance of NBW against him. Thereafter, since the petitioner could not appear before the court below, fresh NBW was issued against him on 02.12.2024. 4. Learned counsel for the petitioner on instruction from his client undertakes that his client would be appearing before the Court below on or before 15.03.2025 and seeks appropriate remedy available to him under law. 5. Taking into consideration the above facts and submission at the Bar, the order dated 02.12.2024 passed by the learned JMFC, Jajpur Road in G.R. Case No. 752 of 2013 arising out of Jakhapura P.S. Case No.70 of 2023 is set aside, subject to the petitioner appearing/surrendering before the Court below on or before 15.03.2025 and paying cost of Rs.1000/- to be deposited in the Orissa High Court Advocates’ Welfare Fund. 6. The CRLMC is disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA