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2025 DAILYLAW 52275 (ORI)

BIJU @ BIJAY KUMAR KANUNGO v. STATE OF ODISHA

CRLMC/3197/2025 · 2025-08-19

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3197 of 2025 1) Biju @ Bijay Kumar Kanungo ..... Appellants 2) Sukuta @ Suresh @ Jayanta Behera Represented By Adv. - Kuldeep Mohanty -versus- State Of Odisha ..... Respondent Represented By Adv. – Ms.Sasmita Nayak,ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.08.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The Petitioners are aggrieved by the order dated 02.05.2025 on which date the non-bailable warrant of arrest has been issued against them by the learned Additional Sessions Judge, Balasore in S.T. Case No.160 of 2017. Learned counsel for the Petitioners submitted that initially the Petitioners were released on bail, after which the Petitioners were appearing before the learned Court in seisin over the matter. However, due to communication gap with the conducting counsel, they could not appear before the Court. Page 2 of 2. 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 parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioners has approached this Court with a prayer to quash order dated 02.05.2025. 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 Petitioners, this Court deems it proper to set aside the order dated 02.05.2025 passed by the learned Additional Sessions Judge, Balasore in S.T. Case No.160 of 2017, subject to payment of a cost of Rs.500/- (Rupees five hundred) by 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 Additional Sessions Judge, Balasore in S.T. Case No.160 of 2017 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 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. ( A.K. Mohapatra) Judge RKS Designation: AR-CUM-Senior Secretary