Judhistir Pradhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1950 of 2022 Judhistir Pradhani and another ....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

22.07.2022 01.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the order dated 12th November, 2021 passed by the learned J.M.F.C., Muribahal in G.R. Case No.269 of 2013 wherein N.B.W.(A) has been issued against them.

3.

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

4.

It appears that the Petitioners, who have been indicted in the aforesaid case, which is triable by court of sessions, were on bail and facing trial, but when the notice was sent to the

// 2 // them for their appearance before the trial court and the same was returned with a report that "no such named persons are found in the mentioned address" and they did not appear before the trial court on the date fixed, N.B.W.(A) has been issued against them vide the aforesaid order to procure their attendance.

5.

Since the case is of the year 2013 and the same has not been committed to the court of sessions due to non-appearance of the Petitioners, this Court finds no illegality and infirmity in the impugned order.

6.

Accordingly, the CRLMC stands dismissed.

7.

However, it is open to the Petitioners to surrender before the Court in seisin over the matter within six weeks hence and move for bail and in that event, the Court in seisin over the matter shall consider and dispose of such petition of the Petitioners in course of the day.

(S. Pujahari) Judge DA