Orissa High Court

CRLMC/2735/2026 of DIPAK JENA Vs STATE OF ODISHA on 8 September 2026

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of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2735 of 2026 CNR No. ODHC010259602026 Dipak Jena ..... Petitioner Represented by Adv. – Mr. Rajib Lochan Pattanaik -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. U.R. Jena, AGA CORAM: MR. JUSTICE ADITYA

Page 1 of 1.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2735 of 2026

CNR No. ODHC010259602026

Dipak Jena

.....

Petitioner

Represented by Adv. –

Mr. Rajib Lochan

Pattanaik

-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 Petitioner being aggrieved by the order dated 05.05.2025 whereby an NBW of arrest has been issued against him by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri in G.R. (Special) No.69 of 2023, has approached this Court by filing the instant application with a prayer to quash such order.

4. It appears from the materials available on record that the Petitioner, who was on bail vide order dated 30.01.2024 by the trial court with one of the condition that the Petitioner shall appear before the court in seisin over the matter on each date of posting and when he failed to appear on one date, though filed a time petition, but the same has been rejected by the court below and N.B.W./A has been issued

Page 2 of 2. against him. 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. In such view of the matter, this Court deems it proper to grant one more opportunity to the Petitioner to participate in the trial which is in larger interest of justice. Accordingly, the CRLMC is allowed. The non-bailable warrant of arrest issued against the Petitioner on 05.05.2025 by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri in G.R. (Special) No.69 of 2023 is hereby quashed, subject to payment of cost of Rs.1,200/- (Rupees one thousand two hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within twenty days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the 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.

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

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