Quashed

Samira Pradhan v. State of Odisha

Orissa HC15 Nov 2021CRLMC/1072/2020

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court quashed a deponent N.B.W. issued against petitioners accused in a S.T. case. The court allowed the petition upon payment of costs and directed surrender within two weeks with fresh bail bonds if not requiring previous bail.

What did the court decide?

Impugned order regarding issuance of N.B.W. quashed; petitioners directed to surrender within two weeks and allowed previous bail via fresh bonds/sureties.

Samira Pradhan Vs State of Odisha — Quashing and FIR | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1072 of 2020

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Samira Pradhan and others …. Petitioners Mr. A.K.Srangi Advocate

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-versus-

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….
State of Odisha Opposite Party
Mr.S.K.Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
15.11.2021.

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Order No.

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This matter is taken up through hybrid mode.

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Learned counsel for the Petitioners is permitted to correct the P.S. Case number in the cause title page of the CRLMC.

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Heard Mr. Mr. A.K.Srangi, learned counsel for the Petitioners, and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

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Page 1 of 3

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// 2 //

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This is an application under Section 482 of the Cr.P.C. The Petitioners are accused persons in S.T. Case No.214/2012 in the court of Addl. Sessions Judge, Athagarh. They were released on bail.

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Perusal of the impugned order reveals that the Petitionersaccused persons did not appear on the date fixed for which by order dated 16^th April, 2013 learned court below directed issuance of N.B.W. against them, which is impugned in the present application.

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Learned counsel for the Petitioners submits that the Petitioners could not appear on the date fixed because of communication gap between them and lawyer and that they are willing to appear before the trial court without fail in future.

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Having regard to the submissions as above, the prayer is allowed subject to payment of cost of cost of Rs.1000/(Rupees one Thousand) only to the Orissa High Court Bar Association’s Welfare Fund within three working days. The impugned order in so far as it relates to issuance of NBW against the Petitioners is hereby quashed. The Petitioners, namely, Samira Pradhan, Gandhi Pradhan and Suman @ Somanath Pallei are directed to surrender before the trial court within a period of two weeks and in such event, they shall be allowed to go on previous bail by furnishing fresh bail bonds and sureties for such amount as may be decided by the trial court.

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Page 2 of 3

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// 3 //

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The CRLMC is disposed of.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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Page 3 of 3

Samira Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samira Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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