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2025 DAILYLAW 76152 (ORI)

HEMANTA KUMAR SAHU v. STATE OF ODISHA

CRLMC/4873/2025 · 2025-11-26

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4873 of 2025 1) Hemanta Kumar Sahu ..... Petitioners 2) Kulash Ram Sahu Represented By Adv. – Mr. Durga Prasad Jena -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Brahma, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 26.11.2025 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 being aggrieved by the order dated 02.04.2024 whereby an NBW of arrest has been issued against them by the learned Sessions Judge, Nuapada in S.T. Case No.17 of 2024, have approached this Court by filing the instant application with a prayer to quash such order. 4. Learned counsel for the Petitioners submitted that initially the Petitioners were on bail on 19.01.2023. He further submitted 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 illness, 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 Page 2 of 2. warrant of arrest was issued against the Petitioners. It was further 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 02.04.2024, 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 02.04.2024 passed by the learned Sessions Judge, Nuapada in S.T. Case No.17 of 2024, subject to payment of cost of Rs.1,200/- (Rupees one thousand two hundred) by each of the Petitioners to the Advocates' Welfare Fund of Local Bar Association within twenty days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioners shall appear before the court in seisin over the matter within twenty days from today along with a copy of this order and shall continue to participate in the proceeding without any further default unless their personal appearance is dispensed with. 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