Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2381 of 2025 Minu@prem Sagar Badaseth ..... Appellant
Represented By Adv. - Bibhu Prasad Chhualsingh -versus- State Of Odisha ..... Respondent
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 04.07.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
3. The Petitioner is aggrieved by the order dated 17.03.2025 on which date the non-bailable warrant of arrest has been issued against him by the learned Additional District & Sessions Judge, Balliguda in S.T.Case No.46 of 2024.
Learned counsel for the Petitioner submitted that initially the Petitioner was released on bail, after which the Petitioner was appearing before the learned Court in seisin over the matter. However, due to communication gap he could not appear and his conducting counsel did not take any step to represent the petitioner. Thereafter, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for
Page 2 of 2. the laches on the part of the counsel, the parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioner has approached this Court with a prayer to quash
order dated 17.03.2025.
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 Petitioner, this Court deems it proper to set aside the order dated 17.03.2025 passed by the learned Additional District & Sessions Judge, Balliguda in S.T.Case No.46 of 2024, subject to payment of a cost of Rs.500/- (Rupees Five hundred) by the Petitioner 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 Petitioner shall appear before the learned Additional District & Sessions Judge, Balliguda in S.T.Case No.46 of 2024 within two weeks 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 Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.
5. In such view of the matter, the CRLMC is allowed.
( A.K. Mohapatra)
Judge RKS
Designation: AR-CUM-Senior Secretary