Rikeram Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2129 of 2022 Rikeram Majhi Petitioner Mr. S.K. Joshi, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

25.08.2022 Order No.

01.

1.

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

2.

Present petition under Section 482 Cr.P.C. is filed for quashing of the impugned order dated 12th February, 2020 whereby the learned J.M.F.C., Nuapada issued NBW against him in 2(C)CC No.6 of 2014 on the grounds stated therein.

3.

Perused the impugned order under Annexure-1.

4.

Learned counsel for the petitioner submits that the petitioner was on bail but under certain circumstances, he could not turn up on the date fixed i.e. 12th February, 2020, as a result of which, NBW was issued.

5.

The Court finds that the matter was committed by the learned J.M.F.C., Nuapada as the case was then pending and it was on account of none appearance of the petitioner that the warrant was issued. However, having regard to the submission of the

learned counsel for the parties, the Court is of the view that the petitioner who has been prosecuted under the Section 8(1) of the I & W (1 & CS) Act, 1971 and Rules made thereunder should be directed to surrender before the court below and go on bail. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands dismissed. However, the petitioner is directed to surrender before the court of learned S.D.J.M., Nuapada in 2(C) CC No.6 of 2014 on or before 14th September, 2022 and in the event of his surrender, he shall be released on bail with conditions.

(R.K. Pattanaik) Judge TUDU