Sarbeswar Behera v. State of Odisha
Case brief
What is this about?
Non-bailable warrant (NBW) issued on 22.04.2024 by J.M.F.C.(Cog. II), Puri in G.R. Case No.565 of 2015 set aside by High Court of Orissa; non-appearance blamed on counsel's failure to take steps / counsel's laches; party not to suffer for counsel's fault; conditional indulgence with cost of Rs.500/- to Advocates' Welfare Fund of Local Bar Association within fifteen days; petitioner to appear within ten days with copy of order; coercive steps permitted on further default; CRLMC allowed; Sarbeswar Behera v. State of Odisha; trial court found to have committed no illegality.
What did the court decide?
CRLMC allowed; order dated 22.04.2024 of the learned J.M.F.C.(Cog. II), Puri in G.R. Case No.565 of 2015 (issuing non-bailable warrant of arrest) set aside, subject to payment of Rs.500/- to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt in proof of deposit; Petitioner to appear before the learned J.M.F.C.(Cog. II), Puri within ten days with a copy of the order and continue participating without default, failing which coercive steps may be taken.