Ghanashyam Pradhani Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Ghanashyam Pradhani Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 02.07.2024 passed by the learned Sessions Judge, Balangir in G.R. Case No.719 of 2008 set aside, subject to payment of cost of Rs.500/- to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit; petitioner directed to appear before the learned Sessions Judge, Balangir within fifteen days along with a copy of the order and continue participation in the proceedings without further default.

Issue for consideration

Whether the order dated 02.07.2024 passed by the learned Sessions Judge, Balangir in G.R. Case No.719 of 2008 (issuing NBW of arrest against the petitioner) should be quashed/set aside. +1 more

Court's answer

On perusal of the record, the Court held that the trial court had not committed any illegality; however, in the larger interests of justice and to provide another opportunity to the petitioner, it deemed it proper to set aside the order dated 02.07.2024.

Ratio / Principle

The order dated 02.07.2024 passed by the learned Sessions Judge, Balangir in G.R. Case No.719 of 2008 was set aside subject to payment of Rs.500/- as cost to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit.

Key takeaways

The petitioner was directed to appear before the learned Sessions Judge, Balangir within fifteen days along with a copy of the order and to continue participating in the proceedings without default; in the event of any further default, the court in seisin over the matter may take necessary coercive steps against the petitioner.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, CRLMC No.3275 of 2024 (decided 04.09.2024, Aditya Kumar Mohapatra, J.). The petitioner, an accused in G.R. Case No.719 of 2008 pending before the learned Sessions Judge, Balangir and initially on bail, failed to appear before the trial court on a fixed date owing, as claimed, to a communication gap with his counsel, whereupon the trial court issued a non-bailable warrant of arrest against him by order dated 02.07.2024. Arguing that a party should not be allowed to suffer for the laches of his counsel, the petitioner sought quashing of that order. While finding that the trial court had committed no illegality, the High Court, in the larger interests of justice and to provide another opportunity, set aside the order dated 02.07.2024, subject to payment of cost of Rs.500/- (Rupees Five Hundred) to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit. The petitioner was directed to appear before the learned Sessions Judge, Balangir within fifteen days along with a copy of the order and to continue participating in the proceedings without default, failing which the trial court was left free to take coercive steps. The CRLMC was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3275 of 2024

Ghanashyam Pradhani

..... Petitioner

Represented By Adv. - Saroj Kumar Padhy

-versus-

1) State Of Odisha

1. Iic, Tusra

..... Opposite Parties

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

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.09.2024

Order

No.

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 02.07.2024 on which date the NBW of arrest has been issued against him by the learned Sessions Judge, Balangir in G.R. Case No.719 of 2008.

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

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party should not be allowed to suffer. Therefore, being aggrieved by order dated 02.07.2024, the petitioner has approached this Court with a 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 02.07.2024 passed by the learned Sessions Judge, Balangir in G.R. Case No.719 of 2008, subject to payment of 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 as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned Sessions Judge, Balangir 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.

6. 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 11:14:20