Orissa High Court
CRLMC/3223/2026 of SAMARJIT BADAIK Vs STATE OF ODISHA on 9 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3223 of 2026 CNR No. ODHC010678462026 Samarjit Badaik ..... Petitioner Represented by Adv. - Julu Khansama -versus- STATE OF ODISHA ..... Opposite Party Represented by Adv. – P.K. Mohanty, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3223 of 2026
CNR No. ODHC010678462026
Samarjit Badaik
.....
Petitioner
Represented by Adv. -
Julu Khansama
-versus-
STATE OF ODISHA
.....
Opposite Party
Represented by Adv.
– P.K. Mohanty, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
09.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
3. The Petitioner is aggrieved by the order dated 11.12.2023 on which date the non-bailable warrant of arrest has been issued against him by the learned J.M.F.C., Biramitrapur in G.R. Case No.1637 of 2013. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 22.10.2013. After which the Petitioner was appearing before the learned Court in seisin over the matter after she was released on bail. However, on one of the dates fixed for appearance, due to communication gap with his lawyer, the Petitioner was unable to appear. Since no step was taken to represent the petitioner by the counsel appearing for him.
Page 2 of 2. Thereafter, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioner has approached this Court with a prayer to quash order dated 11.12.2023.
4. On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 11.12.2023 by the learned J.M.F.C., Biramitrapur in G.R. No.1637 of 2013, subject to payment of a cost of Rs.1,200/- (Rupees One Thousand Two Hundred) by the Petitioner to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall appear before the learned J.M.F.C., Biramitrapur within four weeks from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.
5. In such view of the matter, the CRLMC is allowed.
( A.K. Mohapatra)
Judge Sisir
Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Sep-2026 16:37:53 Signature Not Verified