Allowed

Rinku Mahanand v. State of Odisha

Orissa HC4 Sept 2024CRLMC/3172/2024

Case brief

AI extract

What is this about?

Petitioner challenged issuance of non-bailable warrant against him by POCSO court after failure to appear on one date. Court held no illegality but set aside the warrant in larger interests of justice, subject to costs and appearance.

What did the court decide?

Order dated 16.07.2024 issuing NBW set aside subject to Rs.500 cost to Advocates' Welfare Fund within fifteen days and appearance before trial court within two weeks.

Rinku Mahanand Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3172 of 2024

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Rinku Mahanand

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..... Appellant

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Represented By Adv. -

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Aswini Kumar Dash

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-versus-

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State Of Odisha

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.....

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Respondent

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Represented By Adv. – M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.09.2024

Order No.

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

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Heard learned counsel appearing for the 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 16.07.2024 on which date the non-bailable warrant of arrest has been issued against him by the learned Addl. Sessions Judge (POCSO), Sambalpur in Spl. G.R. No.227-17/187 of 2020. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail in 2017, 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 his mother’s illness, 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

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Page 1 of 2 .

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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 16.07.2024.

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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 16.07.2024 by the learned Addl. Sessions Judge (POCSO), Sambalpur in Spl. G.R. No.227-17/187 of 2020, subject to payment of a cost of Rs.500/(Rupees five hundred) 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 Addl. Sessions Judge (POCSO), Sambalpur 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.

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

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( A.K. Mohapatra)

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Judge

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Anil

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Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 05-Sep-2024 16:01:31

Rinku Mahanand v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rinku Mahanand v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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