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2026 DAILYLAW 659 (ORI)

LOVABATI SWAIN@LOVA v. STATE OF ODISHA

CRLMC/518/2026 · 2026-03-05

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 518 of 2026 Lovabati Swain @ Lova & Anr. ..... Petitioner(s) Mr. Mruganka Mauli Patnaik, Advocate -Versus- State of Odisha …. Opposite Party (s) Mr. U. R. Jena, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.03.2026 Order No. 04. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have approached this Court by filing the present CRLMC invoking its inherent jurisdiction of the Court, seeking quashing of the order dated 17.05.2024 passed by the learned 2nd Additional Sessions Judge, Bhubaneswar in S.T Case No.21/222/1996 under Annexure-1. 3. Learned counsel for the Petitioners submits that on 22.09.2023, the Trial Court issued proclamation and attachment under Sections 82 and 83 of the Cr.P.C. But, till date, the proclamation and attachment have not been affected. So, on 17.05.2024, again the order has been passed with a direction to place the record in dormant file. In S. T. Case No.21/222/1996 Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 05-Mar-2026 18:07:56 Signature Not Verified 2 wherein the Petitioners and another two accused persons were facing the trial wherein the case against one Subasini Jena @ Sakei is abated on 19.09.2011. Another accused, named, Rabindra Kumar Pal was acquitted on 20.03.2014. Due to illness and financial hardship, the Petitioners could not contact with their Advocate and not able to present in the Trial Court on each and every date of trial. So, the absence in the court is not intentional and deliberate. 4. Considering the submissions made and on going through the averments made in this petition, this Court is of the view that since the Petitioners were avoiding the Court and not appearing before the Court in time, hence, this Court is not inclined to entertain the prayer as advanced by the Petitioners. 5. Accordingly, the CRLMC stands dismissed. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali