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2025 DAILYLAW 35348 (ORI)

KAILASH CHANDRA NAYAK v. STATE OF ODISHA

CRLMC/2089/2025 · 2025-07-24

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2089 of 2025 Kailash Chandra Nayak and another ..... Petitioners Represented By Adv. - Deepak Kumar Sahoo Suresh Chandra Pradhan -versus- State Of Odisha ..... Opposite Party Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.07.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel appearing for the Petitioners and learned counsel for the State-Opposite Party. Perused the materials placed before this Court. 3. The Petitioners are aggrieved by the order dated 24.11.2022 on which date the non-bailable warrant of arrest has been issued against him by the learned Sessions Judge, Kendrapara in S.T. Case No.110 of 2016. Learned counsel for the Petitioners submitted that earlier the Petitioner No.1 was on bail since 02.12.2014 and Petitioner No.2 was on bail since 27.01.2015, after which the Petitioners were appearing before the learned Court in seisin over the matter after he was released on bail. However, on one of the dates fixed for appearance, due to communication gap with his lawyer, the Petitioners were unable to appear since no step was taken to represent the Petitioners Page 2 of 2. by the counsel appearing for them. Thereafter, 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 should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioners have approached this Court with a prayer to quash order dated 24.11.2022. 4. 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 24.11.2022 by the learned Sessions Judge, Kendrapara in S.T. Case No.110 of 2016, subject to payment of a cost of Rs.1,500/- each of the Petitioners to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioners shall appear before the learned Sessions Judge, Kendrapara within ten days from today along with a copy of today’s 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. 5. In such view of the matter, the CRLMC is allowed. ( Aditya Kumar Mohapatra ) Judge S.K. Rout