Shantilata Sahoo@Santilata Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1968 of 2022

1. Shantilata Sahoo

2. Prahallad Sahoo @ Prahalad Sahoo

3. Sashmita Sahoo @ Sasmita Prusty

4. Bijayalaxmi Sahoo @ Bijaya Laxmi Sahoo ....

Petitioners Mr. R.K. Rout, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Govt. Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This matter was not in today's list and the same was assigned to Hon'ble Mr.Justice S.Pujahari. Since Justice Pujahari is not there today, in the notice it has been mentioned that exceptionally urgent matters assigned to the Single Bench of Hon'ble Mr.Justice S.Pujahari may be moved before me. In the first hour, learned counsel for the petitioners pointed out the urgency in the matter and accordingly, the matter has

// 2 // been listed by way of a special notice.

Learned counsel for the petitioners filed the affidavit to the revision petition with a memo to remove the defect as pointed out by the Stamp Reporter, which is accepted.

The petitioners have filed this application under section 482 of Cr.P.C. challenging the order dated 27.06.2022 passed by the learned S.D.J.M., Jeypore in G.R. Case No. 159 of 2018 in rejecting the time petition filed by the learned counsel for the petitioners and issuing non-bailable warrant of arrest against them.

Learned counsel for the petitioners submitted that the date was fixed to 27.06.2022 for appearance of the petitioners and on that date on account of some health issues, though the petitioners entered appearance in the case through their advocate and filed a petition seeking for time, the same has been rejected and non-bailable warrant of arrest has been issued against them.

Learned counsel further submitted that the petitioners are ready and willing to appear before the learned trial Court within two weeks and a date may be fixed for their appearance and till date the non-bailable warrant of arrest may not be executed against them.

Learned counsel for the State has no serious objection to such prayer.

// 3 // Perused the grounds taken in the application so also the documents annexed to the application along with the impugned order.

Considering the submissions made by the learned counsel for the respective parties, the date of appearance of the petitioner in the Court of learned S.D.J.M., Jeypore in G.R. Case No. 159 of 2018 is fixed to 2nd August 2022. Till 2nd August 2022, the non-bailable warrant of arrest issued against the petitioners shall not executed, if not already executed. It is made clear that if the petitioners fail to appear on the date fixed, the learned trial Court shall proceed against the petitioners as per the impugned order dated 27.06.2022.

The CRLMC stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo