Giridhar Choudhury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3686 of 2022 Giridhar Choudhury ....

Petitioner Mr. D.R. Bhokta, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. S. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.12.2022 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. is filed by the petitioner for quashing of the issuance of NBWA dated 22nd July, 2022 directed by the court of learned J.M.F.C. (K), Koraput on the grounds stated therein.

3.

Perused the impugned order dated 22nd July, 2022 as at Anexure-2.

4.

It is mentioned that the petitioner was allowed to be exempted from personally appearing before the learned court below in terms of Section 205 Cr.P.C by order dated 5th August, 2017, however, thereafter, since he failed to turn up which is unintentional, non-bailable warrant of arrest was issued against him. Under the above facts and circumstances of the case, the Court is of the view that the petitioner should be directed to surrender and release on bail subject to conditions.

5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C.(K), Koraput on or before 20th December, 2022 in 1CC Case No.22 of 2016 and in the event he surrenders, the court shall release him on bail with conditions as deemed just and proper. 7.

An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge TUDU