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Orissa High CourtCRLMC/2734/2021disposed off

Anadi Swain@Anadi Charan Swain v. State Of Odisha

2022-01-18Dr. Justice S.K. Panigrahi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2734 of 2021 Anadi Swain @ Anadi Charan Swain ....

Petitioner Mr. A.K. Parida, 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 25.11.2021 passed by the learned JMFC, Pipili in G.R. Case No.721 of 2015 issuing N.B.W. against the petitioner.

4. Learned counsel for the petitioner submits that the order passed by the learned Magistrate issuing N.B.W. against the petitioner on 17.11.2012 is illegal, arbitrary and unsustainable in the eye of law.

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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, his bail petition shall be considered and disposed of on its own merit.

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