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2025 DAILYLAW 76216 (ORI)

PRASANTA NAYAK v. STATE OF ODISHA

CRLMC/4963/2025 · 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.4963 of 2025 Prasanta Nayak ..... Petitioner Represented By Adv. – Mr. Mangu Nandy -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 Petitioner being aggrieved by the order dated 10.11.2025 whereby an NBW of arrest has been issued against him by the learned Sessions Judge, Malkangiri in Spl. G.R. Case No.83 of 2024, has approached this Court by filing the instant application with a prayer to quash such order. 4. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 03.05.2024. He further submitted that since the date of his release on bail the Petitioner was 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 Petitioner could not able to appear before the court in seisin over the matter and no step was taken on his behalf. Therefore, a non-bailable Page 2 of 2. warrant of arrest was issued against the Petitioner. 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 10.11.2025, the Petitioner has 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 Petitioner, this Court deems it proper to set aside the order dated 10.11.2025 passed by the learned Sessions Judge, Malkangiri in Spl. G.R. Case No.83 of 2024, subject to payment of cost of Rs.500/- (Rupees five hundred) by the Petitioner 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 Petitioner 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 his personal appearance is dispensed with. 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. The CRLMC is accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Debasis