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2025 DAILYLAW 73449 (ORI)

DILESWAR SAHOO v. STATE OF ODISHA

CRLMC/4414/2025 · 2025-10-28

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4414 of 2025 Dileswar Sahoo ..... Petitioner Represented By Adv. - Jashobanta Dash -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K.Bramha, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 28.10.2025 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party. 3. The Petitioner is aggrieved by the order dated 23.07.2025 on which date the NBW of arrest has been issued against him by the learned S.D.J.M., Pallahara in 2(b) CC No.18 of 2012. As petition under Section 317 Cr.P.C. was rejected by the learned Court below, NBW of arrest was issued against the Petitioner. 4. Learned counsel for the petitioner submitted that initially the petitioner was on bail, he further submits that since the date of his release on bail the petitioner was appearing before the Court in seisin over the matter. As petition under Section 317 Cr.P.C. was rejected, non-bailable warrant of arrest was issued against the petitioner. Therefore, being aggrieved by such order the petitioner has approached this Court with a prayer to quash order dated 23.07.2025. 5. On perusal of the record, this Court is of the view that the trial Page 2 of 2. 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 23.07.2025 by the learned S.D.J.M., Pallahara in 2(b) CC No.18 of 2012, subject to payment of cost of Rs.500/- 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 S.D.J.M., Pallahara within ten 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 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. 6. In such view of the matter, the CRLMC is disposed of. ( A.K. Mohapatra ) Judge Rubi