Subash Sahoo v. Manas Kumar Chand
Case at a glance
- Bench
- A K MOHAPATRA
Provisions considered
Key paragraphs
- Para 55. In such view of the matter, the CRLMC is allowed. Anil ( A.K. Mohapatra) Judge Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2025 10:05:04
Judgment
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2025
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
The Petitioner is aggrieved by the order dated 14.10.2022 on which date the non-bailable warrant of arrest has been issued against him by the learned N.G.N.-cum-J.M.F.C., Tangi in G.R. Case No.520 of 2020. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail under 41-A of Cr.P.C., after which the Petitioner was appearing before the learned Court in seisin over the matter after he was released on bail. However, on one of the dates fixed for appearance, due to a road accident, the Petitioner was unable to appear. Thereafter, a non-bailable warrant Page 1 of 2. of arrest was issued against the Petitioner. Therefore, being aggrieved by such order the Petitioner has approached this Court with a prayer to quash order dated 14.10.2022.
On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 14.10.2022 by the learned N.G.N.-cum-J.M.F.C., Tangi in G.R. Case No.520 of 2020, subject to payment of a cost of Rs.1,500/- (Rupees One Thousand Five Hundred) by the Petitioner to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall appear before the learned N.G.N.-cum-J.M.F.C., Tangi within four weeks from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.
In such view of the matter, the CRLMC is allowed. Anil ( A.K. Mohapatra) Judge Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2025 10:05:04
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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