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2026 DAILYLAW 858 (ORI)

DASHARATHI DALEI@MUNA DALEI v. STATE OF ODISHA

CRLMC/128/2026 · 2026-01-13

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 128 of 2026 Dasarathi Dalei @ Muna Dalei ..…... Petitioner(s) Mr. Saubhagya Kumar Dash, Adv. -Versus- State of Odisha ……. Respondent(s) Ms. Bijaya Laxmi Tripathy, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 13.01.2026 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 assailing the order dated 02.12.2025 passed by the learned SDJM, Anandapur, in G.R Case No.172 of 2016, arising out of Anandapur P.S. Case No.46 of 2016, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the petitioner is on bail vide order dated 31.03.2016 passed by this Court. He was regularly attending the court on each date of posting of the case. However, on 02.12.2025, the petitioner could not remain present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the Reason: Authentication Location: OHC Date: 15-Jan-2026 17:49:07 2 learned Sessions Judge, Ganjam 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 02.12.2025 passed by the learned SDJM, Anandapur 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, learned counsel for the Petitioner shall donate a set of textbooks on BNS for violating the court’s order to the Anandapur Bar Association Welfare Fund and show the geotagging of the donation to the learned court in session over the matter. 7. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Gitanjali Reason: Authentication Location: OHC Date: 15-Jan-2026 17:49:07