Surendra Sabar Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Surendra Sabar Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 18.07.2016 issuing non-bailable warrant of arrest set aside, subject to payment of Rs.1,000/- as cost to the Advocates' Welfare Fund of Local Bar Association within fifteen days with proof of deposit, and direction to the Petitioners to appear before the learned J.M.F.C., Khallikote within ten days and continue participating in the trial without further default.

Issue for consideration

Whether the order dated 18.07.2016 issuing a non-bailable warrant of arrest against the Petitioners in G.R. Case No.172 of 2011(A) should be quashed.

Court's answer

On perusal of the record, the trial court has not committed any illegality; however, in the larger interests of justice and to provide another opportunity to the Petitioners, the Court deemed it proper to set aside the order dated 18.07.2016 passed by the learned J.M.F.C., Khallikote in G.R. Case No.172 of 2011(A).

Ratio / Principle

Setting aside of the order dated 18.07.2016 was made subject to payment of cost of Rs.1,000/- by the Petitioners to the Advocates' Welfare Fund of Local Bar Association within fifteen days, with furnishing of money receipt in proof of deposit.

Key takeaways

The Petitioners are directed to appear before the learned J.M.F.C., Khallikote within ten days along with a copy of the order and to continue to participate in the proceeding.ratio¶20
In the event of any further default in appearance, it is open to the trial court to take necessary coercive steps against the Petitioners.ratio¶20

Detailed headnote1 paragraphs

CRLMC No.4486 of 2023, High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), decided 10.07.2024 — Non-bailable warrant — Quashing sought — Petitioners Surendra Sabar and Prafulla Sabar, on bail since 03.12.2015 in G.R. Case No.172 of 2011(A), failed to appear on one date owing to a communication gap with their counsel, whereupon the learned J.M.F.C., Khallikote issued a non-bailable warrant of arrest on 18.07.2016 — Held, the trial court committed no illegality, but in the larger interests of justice and to provide another opportunity to the Petitioners, the order dated 18.07.2016 was set aside subject to payment of Rs.1,000/- as cost to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with proof of deposit, and subject to the Petitioners appearing before the trial court within ten days and continuing to participate without further default, failing which coercive steps could be taken — CRLMC allowed.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4486 of 2023

1) Surendra Sabar

..... Petitioners

Prafulla Sabar Represented By Adv. - Jyotirmaya Sahoo

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – Mr. A.P. Das, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.07.2024

Order No.

This matter is taken up through Hybrid mode.

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

The Petitioners are aggrieved by the order dated 18.07.2016 on which date the non-bailable warrant of arrest has been issued against them by the learned J.M.F.C., Khallikote in G.R. Case No.172 of 2011(A). Learned counsel for the Petitioners submitted that initially the Petitioners were on bail since 03.12.2015, after which the Petitioners were 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 communication gap with his lawyer, the Petitioners were unable to appear since no step was taken to represent the Petitioners by the counsel appearing for them. Thereafter, a nonbailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the

Page 1 of 2.

party 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 18.07.2016.

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 18.07.2016 by the learned J.M.F.C., Khallikote in G.R. Case No.172 of 2011(A), subject to payment of a cost of Rs.1,000/- by the Petitioners 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 J.M.F.C., Khallikote within ten days 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.

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

( A.K. Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 16-Jul-2024 13:44:15

Page 2 of 2.