Birupakshya Sahu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Birupakshya Sahu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The order dated 17.09.2019 of the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012 (issuing NBW of arrest against the Petitioner) was set aside, subject to payment of cost of Rs.2,500/- to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit, and subject to the Petitioner appearing before the learned S.D.J.M., Phulbani within fifteen days with a copy of this order and continuing to participate in the proceeding without further default; any further default would permit the Court in seisin to take necessary coercive steps.

Issue for consideration

Whether the order dated 17.09.2019 of the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012, by which a NBW of arrest was issued against the Petitioner following his non-appearance attributed to his counsel's failure to take steps, should be quashed/set aside.

Court's answer

On perusal of the record, this Court held that the trial court has not committed any illegality.

Ratio / Principle

Nevertheless, in the larger interests of justice and to provide another opportunity to the Petitioner, the Court deemed it proper to set aside the order dated 17.09.2019 passed by the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012.

Key takeaways

The setting aside of the order dated 17.09.2019 was made subject to payment of a cost of Rs.2,500/- (Rupees Two Thousand Five Hundred) by the Petitioner to the Advocates' Welfare Fund of the Local Bar Association within fifteen days, furnishing money receipt thereof as proof of deposit.ratio¶20
It was directed that the Petitioner shall appear before the learned S.D.J.M., Phulbani within fifteen days along with a copy of this order and shall continue to participate in the proceeding without any further default.ratio¶20

Detailed headnote1 paragraphs

Birupakshya Sahu v. State of Odisha, CRLMC No.3205 of 2024 (High Court of Orissa at Cuttack, decided 04.09.2024 by Aditya Kumar Mohapatra, J.). The petitioner, aggrieved by an NBW of arrest issued on 17.09.2019 by the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012 after he failed to appear on a court-fixed date (attributed, per counsel, to a communication gap and the counsel's failure to take steps while the petitioner had earlier been regular in attendance on bail), sought quashal of the order. On perusal of the record the Court found that the trial court had not committed any illegality, but in the larger interests of justice and to give another opportunity set aside the order dated 17.09.2019, subject to: (i) payment of cost of Rs.2,500/- (Rupees Two Thousand Five Hundred) to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit, and (ii) appearance of the petitioner before the learned S.D.J.M., Phulbani within fifteen days with a copy of the order and continued participation without further default; any further default would leave the Court in seisin free to take necessary coercive steps. The CRLMC was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3205 of 2024

Birupakshya Sahu

..... Petitioner

Represented By Adv. - Prahallada Sahu

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. - M.K.Mohanty, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

Order No.

ORDER 04.09.2024

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party.

The Petitioner is aggrieved by the order dated 17.09.2019 on which date the NBW of arrest has been issued against him by the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012.

Learned counsel for the petitioner submitted that initially the petitioner was on bail. 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 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. Therefore, 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. Therefore, being aggrieved by order dated 17.09.2019, the petitioner has approached this Court with a

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prayer to quash the same.

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 17.09.2019 passed by the learned S.D.J.M., Phulbani in G.R. Case No.49 of 2012, subject to payment of cost of Rs.2,500/- (Rupees Two Thousand Five Hundred) 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 learned S.D.J.M., Phulbani 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 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.

The CRLMC is accordingly, disposed of.

( A.K. Mohapatra ) Judge

Rubi

Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Sep-2024 11:14:19