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Orissa High CourtCRLMC/2559/2022disposed off

Rakesh@Kartika Baral v. State Of Odisha

2022-09-29Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2559 of 2022 Rakesh @ Kartika Baral ....

Petitioner Mr. Tanmaya Kumar Mohanty, Advocate -VersusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner praying for quashing of the order of NBWA dated 7th May, 2022 passed by the learned Adhoc Additional Sessions Judge (FTSC), Bhubaneswar in T.R. No.3241 of 2016 on the grounds stated therein.

3.

Perused the copy of the FIR as at Annexure-1 and copy of the impugned order under Annexure-2.

4.

By virtue of this Court's order dated 3rd July, 2017 passed in BLAPL No.4073 of 2017, the petitioner was released on bail but thereafter, later to the submission of chargesheet, he defaulted in appearance, as a result of which, NBWA was issued notwithstanding the fact that an application under Section 317 Cr.P.C. was moved and a time petition was also filed before the court below. 5.

While disposing of the CRLMC, the petitioner is directed to surrender before the learned Adhoc Additional Sessions Judge (FTSC), Bhubaneswar on or before 20th October, 2022 in T.R.

No.3241 of 2016 and in the event of his surrender, the court below shall release him on bail subject to conditions. 6.

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