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2026 DAILYLAW 156 (ORI)

PANKAJ KUMAR MUDULI v. STATE OF ODISHA

CRLMC/302/2026 · 2026-02-03

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.302 of 2026 Pankaj Kumar Muduli @ Anr. …. Petitioner(s) Mr. Millan Kanungo, Sr. Adv. Mr. Asish Mishra, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Amitabh Pradhan, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 03. ORDER 03.02.2026 1. This matter is taken up through hybrid arrangement. 2. In filing this CRLMC, the Petitioners have prayed for quashing the order dated 26.03.2018 passed by the learned G.N.-cum-J.M.F.C., Sukinda in connection with G.R Case No.228/2017 arising out of Kalinga Nagar P.S. Case No.29 dated 08.03.2017. 3. Heard Mr. M. Kanungo, learned Senior Advocate being assisted by Mr. A. Mishra, learned counsel for the Petitioners and Mr. A. Pradhan, Addl. Standing Counsel for the State. 4. Learned counsel for the Petitioners submits that the Petitioners have been on bail since long. They were regularly attending the Court on each date of posting of the case. However, on the effective dates, the Petitioners could not remain present in Court due to non- communication by the conducting counsel. He further contends that Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 04-Feb-2026 19:56:56 Signature Not Verified p. 2 due to the order of stay passed by this Court vide order dated 28.09.2018 in I.A. No.1688 of 2018, arising out of CRLMC No.2473 of 2018 which was filed by a co-accused person, the present Petitioners were not appearing before the learned Court in seisin over the matter regularly. He further contends that though the above noted CRLMC has been disposed of in the meantime vacating the interim order of stay dated 28.09.2018, the Petitioners had no knowledge regarding the said fact. Hence, they could not remain present before the learned Court below on the effective date. Hence, the learned Court in seisin over the matter issued the order of N.B.W. against them. He further submits that the Petitioners undertake to cooperate till the end of the trial and appear before the learned Court below on each date of posting of the case without fail. 5. In view of such facts and submissions made by the learned counsel for the Petitioners, this Court is inclined to allow the present CRLMC. Accordingly, the order of N.B.W issued against the Petitioners on 26.03.2018 by the learned Court below in the aforesaid case is, hereby, quashed in respect of the present Petitioners only. 6. The Petitioners are directed to surrender before the learned court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen working days hence. In such event, the said court shall release them on bail with some stringent conditions. In addition, the Petitioners shall deposit a sum of Rs.5,000/- (rupees five thousand only) each as cost for violating the Court’s order, in favour of the Sukinda Bar Association. The said amount shall be utilized for the p. 3 purpose of purchasing of books in the Bar Library. Receipt showing deposit of the cost shall be presented before the learned Court in seisin over the matter. 7. Accordingly, this CRLMC is disposed of. 8. Issue urgent certified copy of this order as per Rules. ( Dr. Sanjeeb K Panigrahi) Judge Sipun