Dismissed

Ratha Nag @ Sabar v. State of Odisha

Orissa HC24 Jul 2024CRLMC/2628/2024

Case brief

AI extract

What is this about?

The High Court of Orissa set aside a non-bailable warrant of arrest issued against the petitioner for failure to appear in proceedings. The Court allowed the petition to quash the warrant, directed the petitioner to pay a fee, appear within ten days, and submit to future trial participation.

What did the court decide?

The order dated 12.10.2022 issuing the non-bailable warrant is set aside. The petitioner is directed to pay Rs. 1,500/- to the Advocates' Welfare Fund and appear before the Trial Court within ten days

Ratha Nag @ Sabar Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2628 of 2024

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Ratha Nag @ Sabar ..... Petitioner

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Represented By Adv. - Sailabala Jena

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – Mr. P.C. Das, ASC

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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 appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The Petitioner is aggrieved by the order dated 12.10.2022 on which date the non-bailable warrant of arrest has been issued against him by the learned J.M.F.C., Khariar in C.T. Case No.573 of 2013. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail since 20.10.2014, 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 communication gap with his lawyer, the Petitioner was unable to appear since no step was taken to represent the petitioner by the counsel appearing for him. Thereafter, 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.

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Page 1 of 2.

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Therefore, being aggrieved by such order the Petitioner has approached this Court with a prayer to quash order dated 12.10.2022.

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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 12.10.2022 by the learned J.M.F.C., Khariar in C.T. Case No.573 of 2013, subject to payment of a cost of Rs.1,500/- 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 J.M.F.C., Khariar within ten days 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.

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

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( A.K. Mohapatra ) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 26-Jul-2024 19:51:51 Page 2 of 2.

Ratha Nag @ Sabar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratha Nag @ Sabar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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