Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1735 of 2025
1) Dusasan Dalei ..... Petitioners 2) Baya @ Baidhar Dalei
Represented By Adv. – Mr. Debasis Mishra -versus- State of Odisha ..... Opposite Party
Represented By Adv. – Mr. C.M. Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 08.07.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. The Petitioners are aggrieved by the order dated 23.09.2024 on which date the NBW of arrest has been issued against them by the learned J.M.F.C., Chandikhole in C.T. Case No.998 of 2019.
4.
Learned counsel for the Petitioners submitted that initially the Petitioners were on bail on 02.08.2019. He further submits that since the date of their release on bail the Petitioners were 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 their lawyer, the Petitioners could not able to appear before the Court in seisin over the matter and no step was taken on their behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the party
Page 2 of 2. should not be allowed to suffer. Therefore, being aggrieved by order dated 23.09.2024, the Petitioners have 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 Petitioners, this Court deems it proper to set aside the order dated 23.09.2024 passed by the learned J.M.F.C., Chandikhole in C.T. Case No.998 of 2019, subject to payment of cost of Rs.1,000/- (Rupees one thousand) each by the Petitioners 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 Petitioners shall appear before the learned J.M.F.C., Chandikhole within twenty days 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 Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.
6. The CRLMC is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Debasis