Deepak Dehuri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2429 of 2022 Deepak Dehuri ....

Petitioner Mr.J.N. Panda, Advocate -VersusState of Orissa ....

Opposite Party Mr. S.K. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

13.09.2022 Order No.

01.

1.

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

2.

Instant petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order of NBWA dated 19th July, 2022 passed by the learned Civil Judge-cum-Additional Sessions Judgecum-Special Judge under POCSO Act, Nayagarh in T.R. No.02 of 2015 corresponding to G.R. Case No.27 of 2014 on the grounds stated therein.

3.

Perused the copy of the FIR at Annexure-1 and copy of the impugned order dated 19th July, 2022 as at Annexure-2. 4.

Learned counsel for the petitioner submits that the petitioner was on court bail on 16th October, 2014 but subsequently, NBWA has been issued against him on 19th July, 2022 since he defaulted in appearance. It is further submitted that the petitioner could not know about the date fixed by the learned court below, as

a result of which, the impugned order was passed and considering the fact that he was on previous bail, the petitioner should be directed to surrender and allowed to go on bail with conditions. 5.

The Court perused the order dated 19th July, 2022 but does not find any illegality being committed by the learned court below. In fact, the petitioner failed to turn up and on account of his default and since the defense counsel did not take any step on his behalf, the learned court below rightly issued the NBWA against him. However, at this juncture, the Court is of the view that the petitioner in the facts and circumstances of the case should be directed to surrender before the court below and released on bail with conditions which instead would serve the purpose. 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 Civil Judge-cum-Additional Sessions Judge-cum-Special Judge under POCSO Act, Nayagarh on or before 30th September, 2022 in connection with T.R. No.02 of 2015 corresponding to G.R. Case No.27 of 2014 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 U.K.Sahoo