Manoj Kumar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2178 of 2022 Manoj Kumar Mohapatra ....

Petitioner Mr. P.S.Nayak, Advocate -VersusState of Odisha ....

Opposite Parties Mr.Purna Chandra Das, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

22.08.2022 01.

1.

Heard learned counsel for the petitioner and learned counsel Order No.

for the State.

2.

Present petition under Section 482 Cr.P.C. is filed for quashing of the NBW passed in G.R. Case No. 788 of 2017 corresponding to Jajpur P.S. Case No. 200 of 2017 by the learned S.D.J.M., Jajpur on the grounds stated therein.

3.

Learned counsel for the petitioner submits that the petitioner was on bail by order dated 1st August, 2017 but subsequently, summons was issued but since he defaulted, warrant was issued on 29th July, 2020 and under the above circumstances, NBW should be recalled for the reasons stated.

4.

Learned counsel for the State submits that the impugned order suffers from no illegality as because the petitioner did not turn up on

// 2 // the date fixed and rightly the learned court below directed issuance of NBWA against him.

5.

As rightly pointed out by the learned counsel for the State, the Court finds no illegality in the order under challenge, however, it is inclined to direct surrender of the petitioner and his release on bail by learned court below since he defaulted at the stage of appearance. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned SDJM, Jajpur in connection with G.R. Case No. 788 of 2017 on or before 15th September, 2022 and in the event of his surrender, the learned court below shall release him on bail subject to conditions. 8.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge