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2025 DAILYLAW 41875 (ORI)

DILIP KUMAR MISTRI v. STATE OF ODISHA

CRLMC/2236/2025 · 2025-06-26

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2236 of 2025 Dilip Kumar Mistri & Others ..... Petitioners Represented By Adv. – Mr. Uma Charan Mishra -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 26.06.2025 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 Petitioners are aggrieved by the order dated 01.02.2025 on which date the NBW of arrest has been issued against them by the learned J.M.F.C., Banpur in G.R. Case No.299 of 2017. 4. Learned counsel for the Petitioner submitted that initially the Petitioner No.1 was on bail 18.07.2017 and Petitioners No.2 to 4 were on bail under Section 41-A of Cr.P.C. 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 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 01.02.2025, 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 01.02.2025 passed by the learned J.M.F.C., Banpur in G.R. Case No.299 of 2017, subject to payment of cost of Rs.1,000/- (Rupees one thousand) 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., Banpur 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