Bighini@Bighnesar Nayak@Bighneswar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bighini@Bighnesar Nayak@Bighneswar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 17.01.2023 of the learned J.M.F.C., Narasinghpur in C.T. No.50(C) of 2021 (issuance of NBW) set aside, subject to: payment of Rs.2,000/- cost to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof; appearance before the learned J.M.F.C., Narasinghpur within twenty days with a copy of the order and continued participation without default (failing which coercive steps may be taken); and conditional upon trial-court verification that the Petitioner was earlier released on bail, failing which the order stands automatically revoked.

Issue for consideration

Whether the order dated 17.01.2023 of the learned J.M.F.C., Narasinghpur in C.T. No.50(C) of 2021 issuing a non-bailable warrant of arrest against the Petitioner should be quashed, where the Petitioner's non-appearance was attributed to a communication gap with, and laches of, his counsel.

Court's answer

On perusal of the record, this Court found that the trial court (learned J.M.F.C., Narasinghpur) had not committed any illegality in issuing the NBW.

Ratio / Principle

Nevertheless, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deemed it proper to set aside the order dated 17.01.2023 passed by the learned J.M.F.C., Narasinghpur in C.T. No.50(C) of 2021.

Key takeaways

The set-aside was made subject to payment of cost of Rs.2,000/- (Rupees two thousand) by the Petitioner to the Advocates' Welfare Fund of the Local Bar Association within fifteen days, with money receipt thereof furnished as proof of deposit.ratio¶¶24
The Petitioner was directed to appear before the learned J.M.F.C., Narasinghpur within twenty days from the date of the order, along with a copy of the order, and to continue to participate in the proceeding without any further default.ratio¶¶24

Detailed headnote1 paragraphs

CRLMC No.1488 of 2025 (High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; order dated 16.07.2025): The Petitioner, arraigned in C.T. No.50(C) of 2021 before the learned J.M.F.C., Narasinghpur, sought quashing of the order dated 17.01.2023 whereby a non-bailable warrant of arrest had been issued against him after he failed to appear on a fixed date — a failure attributed to a communication gap with, and laches of, his counsel. Finding no illegality in the trial court's action, the Court nevertheless deemed it proper, in the larger interests of justice and to afford another opportunity, to set aside the order dated 17.01.2023, subject to: (i) payment of cost of Rs.2,000/- (Rupees two thousand) to the Advocates' Welfare Fund of the Local Bar Association within fifteen days with money receipt as proof of deposit; (ii) appearance before the learned J.M.F.C., Narasinghpur within twenty days with a copy of the order and continued participation in the proceeding without further default, failing which the Court in seisin may take necessary coercive steps; and (iii) verification by the trial court that the Petitioner had earlier been released on bail — if so verified the order stands, otherwise it is automatically revoked. The CRLMC was disposed of accordingly. No statute or precedent was cited in the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1488 of 2025

Bighini @ Bighnesar Nayak @ Bighneswar Nayak

.....

Petitioner

Represented By Adv. – Mr. Jyotirmaya Sahoo

-versus-

State of Odisha

.....

Opposite Party

Represented By Adv. –

Mr. U.C. Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.07.2025

Order No.

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

Heard learned counsel for the parties and perused the records.

The Petitioner being aggrieved by the order dated 17.01.2023 whereby an NBW of arrest has been issued against him by the learned J.M.F.C., Narasinghpur in C.T. No.50(C) of 2021, has approached this Court by filing the instant application with a prayer to quash such order.

Learned counsel for the Petitioner submitted that initially the Petitioner was on bail. He further submits that since the date of his release on bail the Petitioner was appearing before the

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Court in seisin over the matter. However, on the date fixed for appearance before the Court in seisin over the matter, due to communication gap with his lawyer, the Petitioner could not able to appear before the Court in seisin over the matter and no step was taken on his behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 17.01.2023, the Petitioner has approached this Court with a prayer to quash the same.

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 Petitioner, this Court deems it proper to set aside the order dated 17.01.2023 passed by the learned J.M.F.C., Narasinghpur in C.T. No.50(C) of 2021, subject to payment of cost of Rs.2,000/- (Rupees two thousand) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., Narasinghpur within twenty days from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner. The aforesaid order shall be subject to the condition that the trial court shall verify the

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fact as to whether the Petitioner was earlier released on bail. In the event the Petitioner was released on bail, then this order would stand, otherwise this order be automatically revoked.

The CRLMC is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Jul-2025 09:57:12

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