Babajee Polai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2728 of 2021 Babajee Polai ....

Petitioner Mr. B.K. Dash, Advocate -versusState of Odisha .... Opposite Party Mr. K. Gaya, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

18.01.2022 Order No.

01.

1. The matter is taken up through video conferencing mode.

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

3. The petitioner has filed this application to quash the order dated 17.11.2012 passed by the learned SDJM, Bhanjanagar in G.R. Case No.547 of 2008, arising out of Buguda P.S. Case No.218 of 2008.

4. Learned counsel for the petitioner submits that the petitioner was remained in outside for which he could not know about the posting of the case. It is further submitted that due to communication gap between the petitioner and his conducting

// 2 // counsel, the N.B.W. was issued against the petitioner on 17.11.2012.

5. Considering the aforesaid submissions and the facts of the case, the CRLMC is rejected.

6. However, the petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case within a period of fifteen days hence and move for bail. On such event, the bail petition shall be considered and disposed of in accordance with law.

7. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Office Order dated 7th January, 2022. (S.K. Panigrahi) Judge PCD