Tikina Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1439 of 2022 Tikina Jena and another ....

Petitioners Mr. Sidharth Prasad Das, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Nayak, AGA for State

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 1.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode.) 2.

Heard learned counsel for the Petitioners and learned counsel for the State.

3.

It is submitted on behalf of the Petitioners that the Petitioners are accused in G.R. Case No.87 of 2014, arising out of Khallikote P.S. Case No.36 of 2014, pending in the court of J.K.F.C., Khallikote, for commission of alleged offences under Sections147/341/294/323/506/353/149 of IPC r/w. Section 7 of Criminal Law Amendment Act. It is submitted that accused persons are on court bail and on 24.09.2021 since they remained absent and steps were not taken on their behalf by the concerned Advocate, N.B.W.(A) was issued against the Petitioners. The said order is under challenged before this Court.

// 2 // 4.

It is also submitted that due to communication gap, the Petitioners could not attend the court.

5.

Considering the submission, it is directed that the order dated 24.09.2021, passed by the J.M.F.C., Khallikote, Ganjam, for issuance of N.B.W.(A) against the Petitioners is set aside subject to cash security of Rs.3,000/- each and Petitioners are given liberty to surrender before the aforesaid court in G.R. Case No.87 of 2014 within a period fortnight hence, which shall be dealt with in accordance with law.

6.

The CRLMC is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

( A.K. Mohapatra ) Vacation Judge U.K. Sahoo