CRLMC/3123/2026 of DHARMENDRA NAIK Vs STATE OF ODISHA on 8 September 2026

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 Petitioner being aggrieved by the order dated 23.10.2025 whereby an NBW of arrest has been issued against him by the learned Additional Sessions Judge, Dharamgarh in C.T. Case No.95 of 2024 (Sessions), has approached this Court by filing the instant application with a prayer to quash such order.

4. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 13.06.2020. He further submitted that since the date of his release on bail the Petitioner was appearing before the court in seisin over the matter. However, on the date fixed for appearance before the court in seisin over the matter, while the Petitioner coming to court, on the way he met with an accident and he sustained some injuries, for such reason the Petitioner could not able to appear before the court in seisin over the matter and also has not been able to give necessary instruction to the concerned advocate to take steps on his behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioner. However, the Petitioner has come forward to challenge the same by filing this application. During the course of hearing, it is submitted by the learned counsel for the Petitioner that the Petitioner is ready and willing to surrender before the trial court and cooperate with an early conclusion of the trial.

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 Petitioner, this Court deems it proper to set aside the order dated 23.10.2025 passed by the learned Additional Sessions Judge, Dharamgarh in C.T. Case No.95 of 2024 (Sessions), subject to payment of cost of Rs.1,000/- (Rupees one thousand) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned court in seisin over the matter within twenty days 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 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. The aforesaid order shall be subject to the condition that the trial court shall verify the fact as to whether the Petitioner was earlier released on bail. In the event the Petitioner was 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