BIGHINI@BIGHNESAR NAYAK@BIGHNESWAR NAYAK v. STATE OF ODISHA
CRLMC/1574/2025 · 2025-06-18
Aditya Kumar Mohapatra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28601 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28601 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1574 of 2025 Bighini@bighnesar Nayak@bighneswar Nayak ..... Appellant
Represented By Adv. - Jyotirmaya Sahoo -versus- State Of Odisha ..... Respondent
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 18.06.2025
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned Additional Government Advocate for the State-Opposite Party.
3. The Petitioner is aggrieved by the order dated 17.01.2023 on which date the NBW of arrest has been issued against him by the learned J.M.F.C., Narasinghpur in C.T. Case No.52(C) of
2021.
4.
Learned counsel for the petitioner submitted that initially the petitioner was on bail. He further submits that since the date of his release on bail the petitioner was appearing before the Court in seisin over the matter. However, on the date fixed for appearance before the Court in seisin over the matter, due to communication gap with his lawyer, the petitioner was unable to appear since no step was taken to represent the petitioner by the counsel appearing for him. Therefore, a non-bailable warrant of arrest was issued against the petitioner. It was further
Page 2 of 2. contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 17.01.2023, the petitioner has approached this Court with a prayer to quash the same.
5. On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 17.01.2023 passed by the learned J.M.F.C., Narasinghpur in C.T.Case No.52(C) of 2021, subject to payment of cost of Rs.1500/- (Rupees One Thousand five hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., Narasinghpur within six weeks from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.
6. The CRLMC is accordingly, disposed of.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary