Allowed¶5

Guru Dora v. State of Odisha

Orissa HC5 Jan 2026CRLMC/5696/2025

Case brief

AI extract

What is this about?

Orissa High Court CRLMC 5696 of 2025; Guru Dora v. State of Odisha; non-bailable warrant set aside; G.R Case No.225 of 2017; Additional Civil Judge (J.D)-cum-J.M.F.C., Ranpur; NBW dated 26.06.2019 quashed; counsel's lapse/communication gap; cost Rs.2500 to Advocates' Welfare Fund of Local Bar Association; appearance within ten days; coercive steps on further default; Justice Aditya Kumar Mohapatra; order dated 05.01.2026.

What did the court decide?

CRLMC allowed; the order dated 26.06.2019 issuing the non-bailable warrant of arrest is set aside subject to payment of Rs.2500/- cost to the Advocates’ Welfare Fund of the Local Bar Association within fifteen days (with money receipt in proof of deposit), appearance before the trial court within ten days, and continued participation in the proceeding without further default. ¶5

Guru Dora 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 26.06.2019 issuing a non-bailable warrant of arrest against the Petitioner in G.R Case No.225 of 2017 should be quashed/set aside, his non-appearance having resulted from a communication gap with his counsel.

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Court's answer

The trial court committed no illegality in issuing the non-bailable warrant of arrest.

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Ratio / Principle

In the larger interests of justice and to provide the Petitioner another opportunity, the order dated 26.06.2019 of the learned Additional Civil Judge (J.D)-cum-J.M.F.C., Ranpur in G.R Case No.225 of 2017 is set aside.

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Key takeaways

The setting aside is subject to payment of a cost of Rs.2500/- by the Petitioner to the Advocates’ Welfare Fund of the Local Bar Association within fifteen days, with money receipt furnished in proof of deposit.ratio¶4
The Petitioner shall appear before the learned Additional Civil Judge (J.D)-cum-J.M.F.C., Ranpur within ten days with a copy of this order and shall continue to participate in the proceeding without any further default.ratio¶4

Detailed headnote1 paragraphs

Criminal Miscellaneous (CRLMC No.5696 of 2025, High Court of Orissa at Cuttack, A.K. Mohapatra, J., 05.01.2026): The Petitioner, on bail since 24.10.2017 in G.R Case No.225 of 2017, failed to appear on one date allegedly because his counsel took no step due to a communication gap, prompting the learned Additional Civil Judge (J.D)-cum-J.M.F.C., Ranpur to issue a non-bailable warrant of arrest on 26.06.2019. Holding that the trial court had committed no illegality, the High Court nonetheless set aside the NBW order in the larger interests of justice to grant another opportunity, subject to (i) payment of Rs.2500/- cost to the Advocates’ Welfare Fund of the Local Bar Association within fifteen days with money receipt, (ii) appearance before the trial court within ten days with a copy of the order, and (iii) continued participation without default; on any further default the trial court may take coercive steps. CRLMC allowed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5696 of 2025

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Guru Dora

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..... Petitioner

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Represented by Adv. - Jayadeba Behera

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-versus-

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State Of Odisha

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..... Opp. Party

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Represented by Adv. – U.R. Jena, A.G.A.

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.01.2026

Order No.

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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The Petitioner is aggrieved by the order dated 26.06.2019 on which date the non-bailable warrant of arrest has been issued against him by the learned Additional Civil Judge (J.D)-cumJ.M.F.C., Ranpur in G.R Case No.225 of 2017. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 24.10.2017, after which the Petitioner was 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 Petitioner was unable to appear since no step was taken to represent the petitioner by the

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Page 1 of 2.

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counsel appearing for him. Thereafter, 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 such order the Petitioner has approached this Court with a prayer to quash order dated 26.06.2019.

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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 26.06.2019 by the learned Additional Civil Judge (J.D)-cumJ.M.F.C., Ranpur in G.R Case No.225 of 2017, subject to payment of a cost of Rs.2500/- (Rupees Two Thousand Five Hundred) by the Petitioner 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 Petitioner shall appear before the learned Additional Civil Judge (J.D)-cumJ.M.F.C., Ranpur 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 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.

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

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( A.K. Mohapatra) Judge

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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2026 16:08:26

Guru Dora v. State of Odisha

Case brief

What is this about?

What did the court decide?

Guru Dora v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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