Bidyut Bhusan Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3239 of 2022 Bidyut Bhusan Kar ....

Petitioner Mr. Manas Ranjan Mohapatra, Advocate -VersusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.11.2022 Order No.

01.

1.

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

2.

Limited prayer is made by leaned counsel for the petitioner for a direction to the learned Civil Judge (J.D.)-cum-J.M.F.C., Khurda to conclude the trial of the G.R. Case No.560 of 2002 within a stipulated period of time.

3.

Learned counsel for the petitioner submits that he was attending court below all along and always vigilant ever since 2016 but due to the default of the conducting counsel, learned J.M.F.C., Khurda issued a non-bailable warrant of arrest against the petitioner which was in the year 2016 and thereafter, recently bail was granted to him and considering the fact that his case is pending from 2002, a direction should be issued to the court below to conclude the trial expeditiously.

4.

Mr. Mishra, learned counsel for the State submits that since petitioner defaulted in the year 2016, the impugned order of nonbailable warrant of arrest was passed, however, having regard to the peculiar facts of the case that there has been no progress made

since the year 2016, a direction may be issued to commence the trial in G.R. Case No.560 of 2002 and conclude the same early. 5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the learned J.M.F.C., Khurda to commence the trial in G.R. Case No.560 of 2002at the earliest and conclude the same as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. 7.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge U.K.Sahoo