Baishnab Ch Pradhan v. Siba Pradhan

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.12 of 2012 Baishnab Charana Pradhan ....

Petitioner Proxy counsel on behalf of Mr. Suvashish Patnaik, Advocate -versusSiba Pradhan and others ....

Opposite Parties

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

22.04.2022 03.

1. The present application questions an order passed by the learned SDJM, Bhubaneswar in ICC Case No.2982 of 2010 rejecting the petition filed by the present Petitioner, who at the relevant time was already over eighty years old, for exemption from appearance under Section 205 Cr.P.C.

2. Having heard learned counsel appearing for the Petitioner, the Court is of the view that the SDJM, Bhubaneswar should have, keeping in view the age of the present Petitioner, allowed the prayer under Section 205 Cr.P.C. The impugned order is accordingly set aside only to the extent of declining the prayer of the present Petitioner i.e. Baishnab Charana Pradhan from appearance in the trial court.

3. The CRLMC is disposed of in the above terms. A copy of this order be communicated to the Court below forthwith.

4. Urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Guin