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2025 DAILYLAW 9486 (ORI)

OKIL SWAIN v. STATE OF ODISHA

CRLMC/139/2025 · 2025-01-16

Sibo Sankar Mishra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.139 of 2025 Okil Swain …. Petitioner Mr. Pradip Kumar Dhal, Advocate -versus- State of Orissa …. Opp. Party Mr. Tej Kumar, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 16.01.2025 01. 1. The petitioner has challenged the order dated 23.04.2011 passed in connection with Lalbag P.S. Case No.159 of 2006 corresponding to G.R. Case No.1321 of 2006 for the offence punishable under Section 25 of the Arms Act, pending in the Court of the learned S.D.J.M. (Sadar), Cuttack, by which the N.B.W. has been issued against him. 2. Learned counsel for the petitioner submits that the petitioner was admitted to bail on 16.03.2007, however, he could not appear before the learned Court below leading to issuance of the N.B.W. against him on 23.04.2011. 3. Learned counsel for the petitioner, on instruction, submits that, the petitioner would surrender/appear before the learned Court below on or before 30.01.2025 and seek remedy available to him under law. 4. On the basis of the aforementioned facts and submissions made at the Bar, the order dated 23.04.2011 passed in connection with Lalbag P.S. Case No.159 of 2006 corresponding to G.R. Case No.1321 of 2006, pending in the Court of the learned S.D.J.M. (Sadar), Cuttack is set aside, subject to the petitioner surrendering before the Court below on or before 30.01.2025 and depositing cost of Rs.500/- (Rupees five hundred) with the District Bar Association, Puri. Liberty is granted to the petitioner 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.