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2025 DAILYLAW 38357 (ORI)

RATAN MANDAL v. STATE OF ODISHA

CRLMC/2122/2025 · 2025-06-25

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2122 of 2025 Ratan Mandal ..... Petitioner Represented By Adv. – Mr. Amulya Ratna Panda -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.06.2025 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 Petitioner is aggrieved by the order dated 16.04.2019 on which date the NBW of arrest has been issued against him by the learned Sessions Judge-cum-Special Judge, Phulbani in 2(a)CC Case No.3 of 2014. 4. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 11.03.2015. 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 could not able to appear before the Court in seisin over the matter and no step was taken on his behalf. 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 16.04.2019, 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 16.04.2019 passed by the learned Sessions Judge-cum-Special Judge, Phulbani in 2(a)CC Case No.3 of 2014, subject to payment of cost of Rs.3,000/- (Rupees three thousand) 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 Sessions Judge-cum-Special Judge, Phulbani 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 Petitioner make 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. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Debasis