Allowed

Kuna Jena v. State of Odisha

Orissa HC19 Sept 2024CRLMC/3466/2024

Case brief

AI extract

What is this about?

Petitioners challenged a non-bailable warrant of arrest issued by the A.S.J., Banki for non-appearance in a trial. The court found no trial-court illegality but set aside the warrant subject to Rs.500 cost and appearance within two weeks; the petition was allowed.

What did the court decide?

NBW order dated 18.08.2024 set aside subject to Rs.500 cost and appearance before A.S.J., Banki within two weeks.

Kuna Jena Vs State of Odisha — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3466 of 2024

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1) Kuna Jena

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..... Appellants

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1. Kedar Jena Represented By Adv. - 3) Susanta Ku, Jena Rituranjan Chhotaray

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1. Minati Jena

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1. Lipu Majhi

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-versus-

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State Of Odisha

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..... Respondent Represented By Adv. –

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Mr.P.C.Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

19.09.2024

Order No.

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

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Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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The Petitioners are aggrieved by the order dated 18.08.2024 on which date the non-bailable warrant of arrest has been issued against them by the learned A.S.J., Banki in S.T.Case No.07 of 2021. Learned counsel for the Petitioners submitted that initially the Petitioner No.1 was released on 27.03.2018 and other Petitioners were released on bail on 04.01.2019, after which the Petitioners were appearing before

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Page 1 of 3.

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the learned Court in seisin over the matter. However, due to non-taking of steps either by the Petitioner or by the learned conducting counsel, a non-bailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioners have approached this Court with a prayer to quash order dated 18.08.2024.

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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 Petitioners, this Court deems it proper to set aside the order dated 18.08.2024 passed by the learned A.S.J., Banki in S.T.Case No.07 of 2021, 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 Petitioners shall appear before the learned A.S.J., Banki 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 Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.

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

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( A.K. Mohapatra)

Judge

RKS

Page 2 of 3.

Signature Not Verified Page 3 of 3.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-Sep-2024 19:21:25

Kuna Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kuna Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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