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2025 DAILYLAW 39366 (ORI)

SIVA NAYAK@SIBA NAYAK v. UNION OF INDIA

CRLMC/2008/2025 · 2025-06-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2008 of 2025 Siva Nayak@Siba Nayak ..... Petitioner Represented By Adv. – Mr. Sushanta Kumar Mohanty -versus- Union of India ..... Opposite Party Represented By Adv. – Mr. Karunakar Nayak, Senior Panel Counsel CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.06.2025 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 03.01.2024 on which date the NBW of arrest has been issued against him by the learned 3rd Additional Sessions Judge, Bhubaneswar in T.R. No.08 of 2018. 4. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 29.08.2019. 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 03.01.2024, 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 03.01.2024 passed by the learned 3rd Additional Sessions Judge, Bhubaneswar in T.R. No.08 of 2018, subject to payment of cost of Rs.1,000/- (Rupees one 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 3rd Additional Sessions Judge, Bhubaneswar 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