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2025 DAILYLAW 9404 (ORI)

UMESH MALLIK v. STATE OF ODISHA

CRLMC/195/2025 · 2025-01-20

Sibo Sankar Mishra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.195 of 2025 Umesh Mallik & another …. Petitioners Mr. Amit Prasad Bose, Advocate -versus- State of Orissa …. Opp. Party Mr. Tej Kumar, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.01.2025 01. 1. The petitioners have challenged the order dated 25.11.2024 passed in connection with Belpada P.S. Case No.35 of 2016 corresponding to Spl. G.R. Case No. 15 of 2016, pending in the Court of the learned Additional District Judge-cum-Special Judge under POCSO Act, Balangir, by which the N.B.W. has been issued against them. 2. Learned counsel for the petitioners submits that the petitioners were granted bail by the trial Court in the year 2017. They are facing trial. However, they could not appear before the learned Court below leading to issuance of the N.B.W. against them on 25.11.2024. 3. Learned counsel for the petitioners, on instruction, submits that, the petitioners would surrender/appear before the learned Court below on or before 31.01.2025 and seek remedy available to them under law. 4. On the basis of the aforementioned facts and submissions made at the Bar, the order dated 25.11.2024 passed in connection with Belpada P.S. Case No.35 of 2016 corresponding to Spl. G.R. Case No. 15 of 2016, pending in the Court of the learned Additional District Judge-cum-Special Judge under POCSO Act, Balangir, is set aside, subject to the petitioners surrendering before the Court below on or before 31.01.2025 and depositing cost of Rs.500/- (Rupees five hundred) with the High Court of Orissa Advocates’ Welfare Fund. Liberty is granted to the petitioners to avail remedy under law after surrendering as per the undertaking. 5. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.