Disposed

Sanjay Kumar Panda v. State of Odisha(Vig.)

Orissa HC24 Jul 2024CRLMC/2574/2024

Case brief

AI extract

What is this about?

Petitioner challenged a non-bailable warrant issued by the Special Judge (Vigilance), Cuttack after his counsel took no step on the date fixed. The High Court found no illegality but set aside the order to give another opportunity, subject to costs and an undertaking to appear, with liberty for coercive steps on further default.

What did the court decide?

Order dated 10.06.2024 issuing NBW set aside subject to Rs.500/- cost; petitioner directed to appear before trial court within ten days.

Sanjay Kumar Panda Vs State of Odisha(Vig.) — Criminal Trial and Appeal | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2574 of 2024

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Sanjay Kumar Panda ..... Petitioner

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Represented By Adv. - Susanta Kumar Dash

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-versus-

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State Of Odisha(vig.) ..... Opposite Party

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Represented By Adv. – N.Maharana, Standing Counsel

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

24.07.2024

Order No.

This matter is taken up through Hybrid mode.

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party.

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The Petitioner is aggrieved by the order dated 10.06.2024 on which date the NBW of arrest has been issued against him by the learned Special Judge (Vigilance), Cuttack in T.R. No.05 of 2011. As no step was taken to represent the Petitioner by the counsel appearing for him, NBW of arrest was issued against the Petitioner. For the laches of the counsel, the parties should not be allowed to suffer.

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Learned counsel for the petitioner submitted that initially the petitioner was on bail, he further submits that since the date of his release on bail the petitioner was appearing before the Court in seisin over the matter. However, on the date fixed for appearance before the Court in seisin over the matter due to communication gap with his lawyer, the petitioner was unable to appear since no step was taken to

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Page 1 of 2.

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represent the petitioner by the counsel appearing for him. Accordingly, a non-bailable warrant of arrest was issued against the petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by such order the petitioner has approached this Court with a prayer to quash order dated 10.06.2024.

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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 10.06.2024 by the learned Special Judge (Vigilance), Cuttack in T.R. No.05 of 2011, subject to payment of cost of Rs.500/- by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned Special Judge (Vigilance), Cuttack within ten days from today along with a copy of this 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.

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In such view of the matter, the CRLMC is disposed of.

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( A.K. Mohapatra ) Judge

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Rubi

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Signature Not Verified Page 2 of 2.

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 29-Jul-2024 11:21:16

Sanjay Kumar Panda v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Panda v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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