Allowed

Mahendra Behera @ Mahendra Kumar Behera v. State of Odisha

Orissa HC25 Sept 2024CRLMC/2905/2024

Case brief

AI extract

What is this about?

Petitioners challenged issuance of a non-bailable warrant after rejection of their counsel's S. 317 Cr.P.C. exemption application in G.R.Case No.20 of 2019. The court found no illegality but set aside the warrant order on payment of Rs.2500 cost to the Advocates' Welfare Fund, directing appearance within two weeks and continued participation.

What did the court decide?

Order dated 02.08.2019 issuing non-bailable warrants set aside, subject to Rs.2500 cost deposit and appearance before C.J.M., Parlakhemundi within two weeks.

Mahendra Behera @ Mahendra Kumar Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2905 of 2024

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1) Mahendra Behera @ ..... Appellants

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Mahendra Kumar Behera

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Hari Mandal Represented By Adv. - 3) Dulabha Behera Soubhagya Kumar Dash

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Pratap Bhuyan 5) Lima Sabar 6) Narasing Behera 7) Surama Behera 8) Hari Mandal @ Harischandra Mandal

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Dulabha Behera 10) Pratap Bhuyan @ Sabar @ Pratap Kumar Bhuyan 11) Lima Sabar 12) Narasing Behera 13) Surama Behera @ Surendra Behera

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-versus-

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State Of Odisha ..... Respondent

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Represented By Adv. –

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Mr.Samaresh Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

25.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this

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Page 1 of 3.

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Court.

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The Petitioners are aggrieved by the order dated 02.08.2019 on which date the non-bailable warrant of arrest has been issued against them by the learned C.J.M., Parlakhemundi in G.R.Case No.20 of 2019. Learned counsel for the Petitioner submitted that initially the Petitioners were released on bail on 20.06.2019, after which the Petitioners were appearing before the learned Court in seisin over the matter. However, due to rejection of 317 Cr.P.C. Petition, filed by their conducting counsel to represent the petitioners, a non-bailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioners have approached this Court with a prayer to quash order dated 02.08.2019.

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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 Petitioners, this Court deems it proper to set aside the order dated 02.08.2019 passed by the learned C.J.M., Parlakhemundi in G.R.Case No.20 of 2019, subject to payment of a cost of Rs.2500/- (Rupees Two thousand Five hundred) by the Petitioners 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 Petitioners shall appear before the learned C.J.M., Parlakhemundi within two weeks from today along with a copy of today’s order and shall continue to participate in the

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Page 2 of 3.

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RKS

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proceeding without any further default, if not prevented by any sufficient cause. In the event, the Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.

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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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Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 26-Sep-2024 19:08:35

Mahendra Behera @ Mahendra Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mahendra Behera @ Mahendra Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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