Ajaya Kumar Nath Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Ajaya Kumar Nath Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Set aside of the order dated 06.02.2025 issuing the N.B.W., conditional upon the petitioner surrendering before the Court below on or before 30.04.2025 and depositing cost of Rs.500/- with the Orissa High Court Bar Association, with liberty to avail remedies under law after surrendering as per the undertaking.

Issue for consideration

Whether the order dated 06.02.2025 issuing a non-bailable warrant against the petitioner in connection with Rajkanika P.S. Case No.178 of 2019 corresponding to S.T. Case No.326 of 2019 should be set aside.

Court's answer

The order dated 06.02.2025 issuing the N.B.W. in connection with Rajkanika P.S. Case No.178 of 2019 corresponding to S.T. Case No.326 of 2019 pending before the learned Ad-hoc ADJ-cum-FTSC, Kendrapara is set aside, subject to the petitioner surrendering before the Court below on or before 30.04.2025 and depositing cost of Rs.500/- with the Orissa High Court Bar Association.

Ratio / Principle

Liberty is granted to the petitioner to avail remedy under law after surrendering as per the undertaking.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (S.S. Mishra, J.), Order dated 03.04.2025, CRLMC No.1287 of 2025 — Ajaya Kumar Nath v. State of Odisha: The petitioner, who had been admitted to bail on 16.08.2021 in S.T. Case No.326 of 2019 arising out of Rajkanika P.S. Case No.178 of 2019 (alleged offences punishable under Sections 341/323/509/354-B/294/376/379/363/498-A/506/34/292 IPC r/w Section 4 of the D.P. Act) pending before the learned Ad-hoc ADJ-cum-FTSC, Kendrapara, could not appear before the Court below, leading to issuance of a non-bailable warrant against him on 06.02.2025. Learned counsel, on instruction, undertook that the petitioner would surrender/appear before the Court below on or before 30.04.2025 and seek remedy available to him under law. On the basis of the facts and submissions made at the Bar, the Court set aside the order dated 06.02.2025, subject to the petitioner surrendering before the Court below on or before 30.04.2025 and depositing cost of Rs.500/- (Rupees five hundred) with the Orissa High Court Bar Association, granting liberty to avail remedy under law after surrendering as per the undertaking. The CRLMC was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1287 of 2025

Ajaya Kumar Nath …. Petitioner

Mr.Ajaya Kumar Pradhan, Advocate

-versus-

State of Odisha

…. Opp. Party Mr.S.J.Mohanty, ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

Order No.

01.

ORDER

03.04.2025

1 . The petitioner has challenged the order dated 06.02.2025 passed in connection with Rajkanika P.S. Case No.178 of 2019 corresponding to S.T. Case No.326 of 2019 for the alleged commission of the offences punishable under Sections 341/ 323/ 509/ 354-B/294/376/379/363/498-A/506/34/292 of the IPC r/w Section 4 of the D.P. Act, pending in the Court of the learned Ad-hoc ADJ-cum-FTSC, Kendrapara by which the N.B.W. has been issued against him.

2. Learned counsel for the petitioner submits that the petitioner was admitted to bail on 16.08.2021,

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however, he could not appear before the learned Court below leading to issuance of the N.B.W. against him on 06.02.2025.

3. Learned counsel for the petitioner, on instruction, submits that, the petitioner would surrender/appear before the learned Court below on or before 30.04.2025 and seek remedy available to him under law.

4. On the basis of the aforementioned facts and submissions made at the Bar, the order dated 06.02.2025 passed in connection with Rajkanika P.S. Case No.178 of 2019 corresponding to S.T. Case No.326 of 2019 pending in the Court of the learned Ad-hoc ADJ-cum-FTSC, Kendrapara, is set aside, subject to the petitioner surrendering before the Court below on or before 30.04.2025 and depositing cost of Rs.500/- (Rupees five hundred) with Orissa High Court Bar Association. Liberty is granted to the petitioner to avail remedy under law after surrendering as per the undertaking.

5. The CRLMC is accordingly disposed of.

(S.S. Mishra)

Judge

Signature Not Verified

Subhasis

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 03-Apr-2025 20:01:04

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