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Pradip Kumar Sethi@Pradeep Kumar Sethy v. State of Odisha

Orissa HC2 Feb 2026CRLMC/340/2026

Case brief

AI extract

What is this about?

CRLMC 340/2026 Odisha HC 02.02.2026; quashing of N.B.W(A)/non-bailable warrant; bail holder absent due to communication gap with conducting counsel; undertaking to attend trial; surrender and fresh bail application within fifteen days; stringent bail conditions; Rs. 2,000 cost deposit to Phulbani Bar Association Welfare Fund for Bar library books; Phulbani Town P.S. Case No.19(08) of 2013; G.R. Case No.45(A) of 2013; CJM-cum-ASJ Phulbani.

What did the court decide?

Quashing of the N.B.W(A) issued on 16.01.2026 against the petitioner; petitioner to surrender before the court in seisin and move for bail within fifteen days, to be released on stringent conditions ensuring attendance on each date of posting; subject to deposit of Rs. 2,000/- cost with the Phulbani Bar Association Welfare Fund; CRLMC disposed of. ¶5

Pradip Kumar Sethi@Pradeep Kumar Sethy Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 16.01.2026 of the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani, issuing N.B.W(A) against the petitioner in G.R. Case No.45(A) of 2013 (Phulbani Town P.S. Case No.19(08) of 2013), should be quashed. +1 more

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Court's answer

This Court held that the order dated 16.01.2026 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani, so far as it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.

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Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and move for bail within fifteen days; on such event, the court in seisin shall release him on bail with stringent conditions so as to enable him to appear before the court on each date of posting of the case.

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Key takeaways

In addition, the petitioner shall deposit Rs. 2,000/- as cost for violating the court's order; the amount is to be deposited with the Phulbani Bar Association Welfare Fund for purchasing books for the Bar library, and the copy of the receipt of the deposit shall be presented before the court in seisin over the matter.ratio¶6

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — CRLMC No. 340 of 2026 (decided 02.02.2026 by Dr. Justice Sanjeeb K Panigrahi). Petitioner Pradip Kumar Sethi @ Pradeep Kumar Sethy sought quashing of the N.B.W(A) issued against him on 16.01.2026 by the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani in Phulbani Town P.S. Case No.19(08) of 2013 / G.R. Case No.45(A) of 2013. His non-appearance on 16.01.2026 was attributed to a communication gap with his conducting counsel, although he had been on bail since 20.07.2024 and was regularly attending postings. The Court quashed the warrant-issuance portion of the 16.01.2026 order, directed the petitioner to surrender and move for bail within fifteen days, with release on stringent conditions ensuring attendance on every posting date, imposed Rs. 2,000/- as cost for violating the court's order payable to the Phulbani Bar Association Welfare Fund (for Bar library books, receipt to be produced before the court in seisin), and disposed of the CRLMC.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 340 of 2026

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Pradip Kumar Sethi @ ...…... Petitioner(s) Pradeep Kumar Sethy Mr. Milan Kanungo, Sr. Adv. along with associates

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-Versus-

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……. State of Odisha Opposite Party (s) Mrs. Sarita Moharana, ASC

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

02.02.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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2. Heard learned counsel for the Petitioner and learned counsel for the State.

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3. The petitioner has filed this CRLMC assailing the order dated 16.01.2026 passed by the learned Chief Judicial Magistratecum-Assistant Sessions Judge, Phulbani in connection with Phulbani Town P.S. Case No.19(08) of 2013, corresponding to G.R. Case No.45(A)of 2013, issuing N.B.W(A) against him.

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4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 20.07.2024 passed by the court below. He was regularly attending the court on each date

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Signature Not Verifiedof posting of the case. However, on 16.01.2026, the petitioner could

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Feb-2026 15:47:53

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not remain present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani, issued N.B.W (A) against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W (A) shall be issued against him.

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5. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 16.01.2026 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Phulbani in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.

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6. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. In addition, the Petitioner shall deposit a sum of Rs2000/- (Rupees Two Thousand only) as cost for violating the court’s order. The said amount shall be deposited with the Phulbani Bar Association

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Welfare Fund for the purpose of utilizing the said amount for Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 03-Feb-2026 15:47:53

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purchasing books for the Bar library. The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter.

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7. Accordingly, the CRLMC is disposed of.

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( Dr. Sanjeeb K Panigrahi) Judge

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Gitanjali

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Signature Not Verified

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