Chita Ranjan Padhi Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Chita Ranjan Padhi Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Set aside of the order dated 09.07.2018 issuing the non-bailable warrant of arrest, conditional on payment of Rs.3,000 cost to the Advocates' Welfare Fund of the local Bar Association within fifteen days (with money receipt furnished), appearance before the learned J.M.F.C., Bissamcuttack within two weeks with a copy of the order, and continued participation in the proceedings without default; on any further default the trial court may take necessary coercive steps.

Issue for consideration

Whether the order dated 09.07.2018 issuing a non-bailable warrant of arrest against the Petitioner, passed by the learned J.M.F.C., Bissamcutack in G.R. Case No.67 of 2010, should be quashed, given counsel's contention that the Petitioner (released on bail on 12.05.2010) had been appearing before the trial court and the warrant resulted from the conducting counsel's laches.

Court's answer

On perusal of the record, the Court found that the trial court had committed no illegality.

Ratio / Principle

Nevertheless, in the larger interests of justice and to provide the Petitioner another opportunity, the Court deemed it proper to set aside the order dated 09.07.2018 passed by the learned J.M.F.C., Bissamcuttack in G.R. Case No.67 of 2010.

Key takeaways

The setting aside was made subject to the Petitioner paying a cost of Rs.3000/- (Rupees three thousand only) to the Advocates' Welfare Fund of the local Bar Association within fifteen days and furnishing the money receipt in proof of deposit.ratio¶22
The Petitioner was directed to appear before the learned J.M.F.C., Bissamcuttack within two weeks from the date of the order along with a copy of the order and to continue participating in the proceedings without further default.ratio¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Hon'ble Mr. Justice Aditya Kumar Mohapatra), order dated 11.09.2024 in CRLMC No.3046 of 2024 (Chita Ranjan Padhi v. State of Odisha): the Petitioner prayed for quashing of the order dated 09.07.2018 by which the learned J.M.F.C., Bissamcutack issued a non-bailable warrant of arrest against him in G.R. Case No.67 of 2010. Counsel submitted that the Petitioner, released on bail on 12.05.2010, had been appearing before the trial court and that the warrant issued owing to his conducting counsel's failure to take step. On perusal of the record the Court found no illegality in the trial court's action, but in the larger interests of justice and to afford another opportunity set aside the warrant-order, subject to payment of Rs.3,000 as cost to the Advocates' Welfare Fund of the local Bar Association within fifteen days (with money receipt in proof of deposit), appearance before the trial court within two weeks with a copy of the order, and continued attendance without default; any further default exposes the Petitioner to necessary coercive steps. CRLMC allowed.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3046 of 2024

Chita Ranjan Padhi

.....

Appellant

Represented By Adv. -

S.s.ray (2)

-versus-

State Of Odisha

..... Respondent

Represented By Adv. –

Mr.Debasis Nayak, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.09.2024

Order No.

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

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The Petitioner is aggrieved by the order dated 09.07.2018 on which date the non-bailable warrant of arrest has been issued against him by the learned J.M.F.C., Bissamcutack in G.R..Case No.67 of 2010. Learned counsel for the Petitioner submitted that initially the Petitioner was released on bail on 12.05.2010, after which the Petitioner was appearing before the learned Court in seisin over the matter after he was released on bail. However, due to non taking of step by his conducting counsel to represent the petitioner, a

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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 parties 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 09.07.2018.

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 09.07.2018 passed by the learned J.M.F.C., Bissamcuttack in G.R.Case No.67 of 2010, subject to payment of a cost of Rs.3000/- (Rupees Three thousand only) 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., Bissamcuttack within two weeks 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.

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

( A.K. Mohapatra)

Judge

RKS

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Page Signature Not Verified 3 of 3 .

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 15:53:53