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2026 DAILYLAW 10119 (ORI)

JAGAN PALAKA v. STATE OF ODISHA

CRLMC/437/2026 · 2026-02-10

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 437 of 2026 Jagan Palaka ..…... Petitioner(s) Mr. Saroj Kumar Padhy, Adv. -Versus- State of Odisha & Ors. ……. Opposite Party(s) Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 10.02.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner has filed this CRLMC challenging the order dated 06.01.2026 passed by the learned ADJ-cum-P.O. Spl. Court POCSO Act, Rayagada in T.R. Case No.21 of 2024, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the Petitioner is on bail by the trial court. He was regularly attending the court on each date of posting of the case. However, on 06.01.2026, the Petitioner could not remain present in court as his conducting counsel did not take any step for his attendance due to Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Feb-2026 17:24:01 Signature Not Verified 2 communication gap. Hence, the learned ADJ-cum-P.O. Spl. Court POCSO Act, Rayagada issued N.B.W. against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W. shall be issued against him. 5. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 06.01.2026 passed by the learned ADJ-cum-P.O. Spl. Court POCSO Act, Rayagada in the aforesaid case, so far it relates to issuance of N.B.W. against the Petitioner, is hereby quashed. 6. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. In addition, the Petitioner shall deposit a sum of Rs.1000/- (Rupees one thousand only) as cost for violating the court’s order. The said amount shall be deposited with the Phulbani Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for the Bar library. The copy of the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Feb-2026 17:24:01 3 receipt of the said deposit shall be presented before the court in seisin over the matter. 7. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.