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Orissa High CourtCRLMC/1431/2022disposed off

Jayanti Padhiary v. State Of Odisha

2022-06-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1431 of 2022 Jayanti Padhiary ....

Petitioners Mr. A. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. R. Tripathy, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 482 of the Criminal Procedure Code.

4.

It is submitted by learned counsel for the petitioner that the petitioner is an accused in G.R. Case No.191 of 2021 registered under Sections 419/420468/471/34, I.P.C. read with Section 16 of Orissa Clinical Establishment Act, 1990 and he was released on bail and had been attending the court regularly and only on 13.04.2022, in a mechanical manner the Investigating Officer showing the petitioner as an absconder and the step was taken on his behalf by the concerned Advocate and N.B.W. of arrest was issued against the petitioner. The said order is under challenged before this Court.

// 2 // 5.

Considering the submission made by learned counsel for the petitioner, it is directed that the order dated 13.04.2022 passed by the learned J.M.F.C., Khandapara for issuance of N.B.W. of arrest against the petitioner is set aside and he is given liberty to surrender before the leaned court below in the aforesaid case within a period of two weeks and he shall be released on bail in accordance with law. 6.

With the aforesaid observation/direction, the CRLMC is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Vacation Judge Jagabandhu