IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 340 of 2026 Pradip Kumar Sethi @ Pradeep Kumar Sethy ...…... Petitioner(s) Mr. Milan Kanungo, Sr. Adv. along with associates -Versus- State of Odisha ……. Opposite Party (s) Mrs. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 02.02.2026 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 assailing the order dated 16.01.2026 passed by the learned Chief Judicial Magistrate- cum-Assistant Sessions Judge, Phulbani in connection with Phulbani Town P.S. Case No.19(08) of 2013, corresponding to G.R. Case No.45(A)of 2013, issuing N.B.W(A) against him. 4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 20.07.2024 passed by the court below. He was regularly attending the court on each date of posting of the case. However, on 16.01.2026, the petitioner could Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Feb-2026 15:47:53 Signature Not Verified 2 not remain present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani, issued N.B.W (A) 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 (A) 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 16.01.2026 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani in the aforesaid case, so far it relates to issuance of N.B.W(A) 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 Rs2000/- (Rupees Two 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 Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Feb-2026 15:47:53 Signature Not Verified 3 purchasing books for the Bar library. The copy of the 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 Gitanjali