Disposed

Azad Khan v. State of Odisha

Orissa HC18 Nov 2020CRLMC/1028/2020

Case brief

AI extract

What is this about?

The High Court declined to quash the lower court's order rejecting a prayer for dispensing with personal attendance. Instead, relying on a 2012 order, the Court granted the petitioner an extension to surrender before the trial court by December 24, 2020, to avail bail benefits.

What did the court decide?

Extends time for surrender before S.D.J.M., Berhampur by December 24, 2020, to avail bail order of 2012.

Azad Khan Vs State of Odisha — Quashing and FIR | Orissa HC (2020)

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CRLMC No.1028 of 2020

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05 18 .11.2020 This matter is taken up through video conferencing.

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Heard Mr. Debasis Panda, learned counsel for the petitioner and learned counsel for the State-opposite party.

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Invoking the jurisdiction under Sec.482, Cr.P.C., the petitioner, who is an accused in G.R. Case No.639/2007 corresponding to Gopalpur P.S. Case No.80, dated 4.8.2007 for alleged offences under Secs.429/474/468/420/34, I.P.C. and Sec.7 of the Orissa Prevention of Cow Slaughter Act, has prayed for quashing of order dated 5.5.2020 passed by the learned S.D.J.M., Berhampur wherein his prayer for dispensing with the personal attendance under Sec.205 of Cr.P.C. has been rejected.

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Upon hearing the counsel for the parties, it is seen that earlier the petitioner has been directed to be released on bail on surrendering before the learned S.D.J.M., Berhampur in connection with the aforesaid G.R. case by order dated 21.8.2012 of this Court passed in BLAPL No.20810/2012.

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In view of the earlier order passed by this Court, I do not see any merit in the prayer of the petitioner praying for dispensing him from personal attendance in the learned trial court. However in terms of the order dated 21.8.2012, the petitioner is granted with extension of time for his surrendering before the

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learned S.D.J.M., Beerhampur.

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Accordingly, the present criminal misc. case is disposed of with a direction that in case the petitioner surrenders before the learned S.D.J.M., Berhampur on or before 24^th December, 2020 and moves for bail, the learned S.D.J.M. shall extend the benefit of the order dated 21.8.2012 passed in BLAPL No.20810/2012 in favour of the petitioner.

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It is made clear that failing to surrender within the time stipulated above, no further opportunity shall be granted in favour of the petitioner and the learned S.D.J.M. may proceed against the petitioner as per law.

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With the aforesaid observation, the CRLMC is

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disposed of.

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Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4587, dated 25.03.2020.

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B.P. Routray, J.

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BKB

Azad Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Azad Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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