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Orissa High CourtCRLMC/1504/2022disposed off

Biranchi Narayan Sahoo@Biranchi v. State Of Odisha

2022-06-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1504 of 2022 Biranchi Narayan Sahoo @ Biranchi ....

Petitioner Mr. D.K. Sahu, 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 Petitioner and learned counsel for the State.

3.

It is submitted on behalf of the Petitioner that the Petitioner is an accused in T.R. Case No.97 of 2016, pending in the court of Adhoc Addl. Sessions Judge (FTSC), Bhubaneswar, for commission of alleged offences under Sections 454/376(2)(i)/506 of I.P.C. read with Section6 of Protection of Children from Sexual Offence Act, 2012. It is submitted that accused is on court bail and only on 28.12.2021since he remained absent and step was not taken on his behalf by the concerned Advocate, N.B.W. of arrest was issued against the Petitioner. The said order is under challenged before this Court.

// 2 // 4.

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

5.

Considering the submission, it is directed that the order dated 28.12.2021, passed by the Adhoc Addl. Sessions Judge (FTSC), Bhubaneswar for issuance of N.B.W. of arrest against the Petitioner is set aside subject to cash security of Rs.5,000/- (Rupees Five thousand) and Petitioner is given liberty to surrender before the aforesaid court in T.R.Case No.97 of 2016 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