Budhiman Lenka@Budhia vs. State Of Odisha
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Mr. Justice Sashikanta Mishra
Listed On:
4 Jul 2023
Order Text
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2481 of 2023
Budhiman Lenka @ Budhia and another
…. Petitioners
Mr. N.K.Lenka, Advocate
State of Odisha …. Opposite Party
-versus-
Mr.S.N.Das, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER 04.7.2023.
Order No.
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- This matter is taken up through hybrid mode.
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Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.
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This is an application under Section 482 of the Cr.P.C. The Petitioners are accused persons in G.R. Case No.126/2012 in the court of learned J.M.F.C., Bhapur. They were released on bail.
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Perusal of the impugned order reveals that the accused persons did not appear for which by order dated 27th February, 2023, learned court below directed issuance of N.B.W. against them, which is impugned in the present application.
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Learned counsel for the Petitioners submits that nonappearance of the Petitioners on the date fixed was not wilful or deliberate but because of the communication gap between them and the lawyer and that they are willing to appear before the trial court without fail in future.
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Having regard to the submissions as above, the prayer is allowed. The impugned order in so far as it relates to issuance of NBW against the Petitioners is hereby quashed. The Petitioners are directed to surrender before the trial court within a period of two weeks and in such event, they shall be allowed to go on previous bail.
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The CRLMC is disposed of.
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Urgent certified copy of this order be granted in course of the day.
(Sashikanta Mishra) Judge
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