Disposed¶23

Surubabu Khamari v. State of Odisha

Orissa HC3 May 2024CRLMC/1414/2024

Case brief

AI extract

What is this about?

CRLMC No.1414 of 2024, High Court of Orissa, decided 03.05.2024 by S.S. Mishra, J. NBW issued on 22.03.2024 by S.D.J.M., Biramaharajpur in I.C.C. No.09 of 2017 (Biramaharajpur P.S. Case No.15 of 2016) after cognizance on protest petition of opposite party no.2 — set aside subject to surrender before Court below and payment of Rs.500/- cost to Orissa High Court Advocates’ Welfare Fund; petition disposed of.

What did the court decide?

Impugned order dated 22.03.2024 passed in I.C.C. No.09 of 2017 (issuing N.B.W. against the petitioner) set aside, subject to the petitioner surrendering before the Court below and paying cost of Rs.500/- before the Orissa High Court Advocates' Welfare Fund; CRLMC disposed of accordingly. ¶23

Surubabu Khamari Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 22.03.2024 passed in I.C.C. No.09 of 2017 by the learned S.D.J.M., Biramaharajpur, whereby a non-bailable warrant was issued against the petitioner after taking cognizance on the protest petition, should be set aside.

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Court's answer

The order dated 22.03.2024 passed in I.C.C. No.09 of 2017 arising out of Biramaharajpur P.S. Case No.15 of 2016 pending in the Court of the learned S.D.J.M., Biramaharajpur is set-aside.

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Ratio / Principle

The setting-aside of the impugned order is conditional: the petitioner must surrender before the Court below and pay cost of Rs.500/- (Rupees five hundred) before the Orissa High Court Advocates' Welfare Fund.

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Detailed headnote1 paragraphs

Orissa High Court at Cuttack (S.S. Mishra, J.), order dated 03.05.2024 in CRLMC No.1414 of 2024 — Surubabu Khamari v. State of Odisha and Kurtibash Dash. The petitioner challenged the order dated 22.03.2024 passed in I.C.C. No.09 of 2017 (arising out of Biramaharajpur P.S. Case No.15 of 2016) by the learned S.D.J.M., Biramaharajpur, whereby, on taking cognizance of the protest petition filed by opposite party no.2, a non-bailable warrant was issued against him. Learned counsel for the petitioner submitted that the petitioner would appear before the Court below on or before 30.05.2024 and seek remedy available under law. Holding regard to the facts and submissions at the Bar, the Court set aside the order dated 22.03.2024, subject to the petitioner surrendering before the Court below and paying cost of Rs.500/- (Rupees five hundred) before the Orissa High Court Advocates’ Welfare Fund. The CRLMC was disposed of accordingly.

Surubabu Khamari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surubabu Khamari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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