Orissa High Court
CRLMC/3044/2026 of SUBHALAXMI SUKLA @ RALI SUKLA Vs STATE OF ODISHA on 8 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3044 of 2026 CNR No. ODHC010634952026 Subhalaxmi Sukla @ Rali Sukla and another ..... Petitioner Represented by Adv. – Mr. Manoranjan Muduli -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. U.R. Jena, AGA
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3044 of 2026
CNR No. ODHC010634952026
Subhalaxmi Sukla @ Rali Sukla
and another
.....
Petitioner
Represented by Adv. –
Mr. Manoranjan Muduli
-versus-
State of Odisha
.....
Opposite Party
Represented by Adv. –
Mr. U.R. Jena, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
08.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. The Petitioners being aggrieved by the order dated 06.03.2026 whereby an NBW of arrest has been issued against them by the learned P.O., Special Court under S.C. & S.T. (PoA) Act, Cuttack in C.T. Case No.115 of 2023, have approached this Court by filing the instant application with a prayer to quash such order.
4. Learned counsel for the Petitioners submitted that initially the Petitioners were on bail on 18.04.2024 by the trial court. He further submits that since the date of their release on bail the Petitioners were appearing before the court in seisin over the matter. However, on the date fixed for appearance before the court in seisin over the matter, due to illness and consequential failure on the part of the counsel to take steps, the Petitioners could not appear due to illness, and consequently, no steps were taken on their behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 06.03.2026, the Petitioners have approached this Court with a prayer to quash the same.
5. 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 Petitioners, this Court deems it proper to set aside the order dated 06.03.2026 passed by the learned P.O., Special Court under S.C. & S.T. (PoA) Act, Cuttack in C.T. Case No.115 of 2023, subject to payment of cost of Rs.500/- (Rupees five hundred) by the Petitioner No.2 to the Advocates' Welfare Fund of Local Bar Association within three weeks and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioners shall appear before the court in seisin over the matter within three weeks from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioners make any further default in appearance, it is open to the court in seisin over the matter to take necessary coercive steps against the Petitioners. The aforesaid order shall be subject to the condition that the trial court shall verify the fact as to whether the Petitioners were earlier released on bail. In the event the Petitioners were released on bail, then this order would stand, otherwise this order be automatically revoked.
6. The CRLMC is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge Debasis
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Sep-2026 15:09:36 Signature Not Verified