Single judge allowed a CRLMC challenging the rejection of a Section 205 Cr.P.C. application. Court declined substantive interference but granted liberty to seek exemption from court appearance under Section 317 Cr.P.C. due to business commitments.
Liberty to move an application under Section 317 Cr.P.C. for exemption from court appearance on specific dates.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.907 of 2024
Pawan Kumar Agrawal …. Petitioner
Mr. S.K. Mohanty, Advocate
-versus-
State of Odisha ….
Opp. Party
Mr. B.K. Ragada, Additional Government Advocate
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
01.
16.04.2024
1. Heard.
2. The petitioner has challenged the order dated 01.02.2024 passed by the learned J.M.F.C., Kesinga in C.T. Case No.285 of 2020 whereby the application under Section 205 of Cr.P.C. has been turned down. 3. Learned counsel for the petitioner submits that the petitioner is a business man. Therefore, he has difficulty in appearing before the Court below on each and every date.
4. I am not inclined to interfere in the matter. However, whenever in any date of hearing if the petitioner has any genuine difficulty, he can very well move for exemption from appearance on that date
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stating the reasons for his business or move an application under Section 317 of the Cr.P.C. before the Court below.
5. With this liberty, the CRLMC is accordingly disposed of.
(S.S. Mishra) Judge
amit
Signature Not Verified
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 16-Apr-2024 17:59:25
Page 2 of 2
1 issue framed by the court
Whether to entertain a challenge to an order rejecting an application under Section 205 of Cr.P.C.
2 provisions across 1 enactments
Pawan Kumar Agrawal
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
