Disposed

Ibrahim Khan v. State of Odisha

Orissa HC21 Aug 2024CRLMC/3077/2024

Case brief

AI extract

What is this about?

A petitioner facing a non-bailable warrant issued after a counsel-side diary error sought its quashing. Finding no illegality in the trial court's order, the High Court nevertheless set aside the warrant, subject to a Rs.4,000 cost payment and an undertaking that the petitioner appear within fifteen days and continue attending trial.

What did the court decide?

NBW/order dated 17.05.2012 set aside on payment of Rs.4,000 cost to Advocates' Welfare Fund and appearance within fifteen days.

Ibrahim Khan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3077 of 2024

Ibrahim Khan

.....

Petitioner

Represented By Adv. – Mr. Sudhansu Sekhar Dash

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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. Debasish Nayak, A.G.A.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

21.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical 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 17.05.2012 on which date the NBW of arrest has been issued against him by the learned C.J.M., Phulbani in T.R. Case No.34 of 2010.

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Learned counsel for the Petitioner submitted that initially the Petitioner was on bail since 10.03.2009. 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 wrong entry in the dairy, no step was taken on behalf of the Petitioner. Therefore, a non-bailable warrant of arrest was issued

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Page 1 of 1.

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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 order dated 17.05.2012, the Petitioner has approached this Court with a prayer to quash the same.

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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 17.05.2012 passed by the learned C.J.M., Phulbani in T.R. Case No.34 of 2010, subject to payment of cost of Rs.4,000/- (Rupees four thousands) 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 Court in seisin over the matter within fifteen 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 make 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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The CRLMC is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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Debasis Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 23-Aug-2024 17:09:49

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Page 2 of 2.

Ibrahim Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ibrahim Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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