Kelu Charan Mohanty Vs State of Odisha

The Petitioners being aggrieved by the order dated 08.10.2024 whereby an NBW of arrest has been issued against them by the learned J.M.F.C.-1, Nimapada in G.R. Case No.295 of 2003, have approached this Court by filing the instant application with a prayer to quash such order.

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Learned counsel for the Petitioners submitted that initially the Petitioners were on bail on 07.01.2004. He further submitted that since the date of their release on bail the Petitioners were appearing before the court in seisin over the matter. However, on the date fixed for appearance before the court in seisin over the

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matter, due to communication gap with their lawyer, the Petitioners could not able to appear before the court in seisin over the matter and no step was taken on their behalf. Therefore, a nonbailable warrant of arrest was issued against the Petitioners. 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 08.10.2024, the Petitioners have approached this Court with a prayer to quash the same.

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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 Petitioners, this Court deems it proper to set aside the order dated 08.10.2024 passed by the learned J.M.F.C.-1, Nimapada in G.R. Case No.295 of 2003, subject to payment of cost of Rs.1,000/- (Rupees one thousand) each by the Petitioners to the Advocates' Welfare Fund of Local Bar Association within twenty days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioners shall appear before the court in seisin over the matter within twenty days from today along with a copy of this order and shall continue to participate in the proceeding without any further default unless their personal appearance is dispensed with by the trial court. In the event, the Petitioners make any further default in appearance, it is open to the court in seisin over the matter to take necessary coercive steps against the Petitioners. The aforesaid order shall be subject to the condition that the trial court shall verify the fact as to whether the Petitioners were earlier released on bail. In the event the

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Petitioners were released on bail, then this order would stand, otherwise this order be automatically revoked.

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