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2025 DAILYLAW 57789 (ORI)

JAMAN SANKAR DORA v. STATE OF ODISHA

CRLMC/3799/2025 · 2025-09-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3799 of 2025 1) Jaman Sankar Dora ..... Petitioners 2) Santosh Sahu Represented By Adv. - Jugala Kishore Panda -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M.Singh, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 20.09.2025 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State-Opposite Party. 3. The Petitioners are aggrieved by the order dated 28.02.2025 on which date the NBW of arrest has been issued against them by the learned 1st Additional Judge-cum-Special Judge, Berhampur in G.R. Case No.85 of 2022 (N). 4. Learned counsel for the petitioners submitted that initially the petitioners were on bail. 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 were unable to appear since no step was taken to represent the petitioners by the counsel appearing for them. Therefore, a non-bailable warrant of arrest was issued against the petitioners. It was further contended that for the laches on the part of Page 2 of 2. the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 28.02.2025, 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 28.02.2025 passed by the learned 1st Additional Judge-cum-Special Judge, Berhampur in G.R. Case No.85 of 2022 (N), subject to payment of cost of Rs.600/- (Rupees Six Hundred) each 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 1st Additional Judge-cum-Special Judge, Berhampur within two weeks from today along with a copy of this order and they shall appear before the learned trial court on each and every date, unless their appearance is specifically dispensed with by the learned trial court. 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. ( A.K. Mohapatra ) Judge Rubi