Orissa High Court

CRLMC/2838/2023 of BIDYABHARATI PANDA Vs ABHIRAM MOHAPATRA on 3 September 2026

of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2838 of 2023 CNR-ODHC010498902023 Bidyabharati Panda …. Petitioner Represented by Adv.- Mr. Bishnu Prasad Pradhan, Advocate -versus- Abhiram Mohapatra …. Opp. Party Represented by Adv.- Mr. Partha Sarathi Nayak, Advocate Mr. Rakesh

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2838 of 2023

CNR-ODHC010498902023

Bidyabharati Panda

….

Petitioner

Represented by Adv.-

Mr. Bishnu Prasad Pradhan,

Advocate

-versus-

Abhiram Mohapatra

…. Opp. Party

Represented by Adv.-

Mr. Partha Sarathi Nayak,

Advocate

Mr. Rakesh Behera, Advocate

for the informant

CORAM:

HON'BLE MR. JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

03.09.2026 (Hybrid mode)

11.

1. In the present petition, the petitioner has challenged the order dated 23.06.2023 passed by the learned S.D.J.M., Paralakhemundi in 1.C.C. Case No.22 of 2022, whereby her application under Section 205 of Cr. P.C. for exemption from personal appearance has been rejected by the learned S.D.J.M., Paralakhemundi.

2. It is contended by learned counsel for the petitioner that the petitioner is working as a Livestock

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Inspector at Mayurbhanj district, which is situated at a distance of about 524 Kms. from Paralakhemundi. She is a young widow without having any support. Hence, frequent visit to Paralakhemundi for attending the case would jeopardize her service. Therefore, she has sought for dispensation of her personal appearance.

3. Learned S.D.J.M., Paralakhemundi has rejected the application of the petitioner on the ground that, in

1. C.C. Case No.22 of 2022, since the cognizance of the offences punishable under Sections 302/120-B of IPC has been taken against the petitioner, which is exclusively triable by the Sessions Court, appearance of the petitioner is essential. It is also observed by the learned S.D.J.M. that the present petitioner and other accused persons are deliberately avoiding the process of the Court causing delay in commencement of the trial in the present case.

4. Taking note of the conduct of the present petitioner and the other co-accused persons, the Court below has rejected the application moved by the petitioner under Section 205 Cr. P.C. and issued the N.B.W. against the petitioner. Hence, the present petition.

5. This Court, vide a detailed order dated 03.09.2026 passed in CRLMC No.1088 of 2024 has directed the petitioner to appear before the trial Court and resort to the remedy available to her under law. The

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Subhasis reasoning assigned by this Court to dispose of CRLMC No.1088 of 2044 which are not enumerated herein for brevity, would suffice for the purpose of disposing of the present petition as well.

6. Accordingly, the CRLMC is disposed of in the light of the order dated 03.09.2026 passed in CRLMC No.1088 of 2024.

(Sibo Sankar Mishra) Judge

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Sep-2026 18:11:27 Signature Not Verified

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