Orissa High Court
CRLMC/3065/2026 of NISHANT@NISHATHA MISHRA Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3065 of 2026 CNR No. ODHC010655232026 Nishant @ Nishatha Mishra ..... Petitioner Represented By Adv. – Mr. S. K. Das -versus- State Of Odisha ..... Opposite Party Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3065 of 2026
CNR No. ODHC010655232026
Nishant @ Nishatha Mishra
.....
Petitioner
Represented By Adv. –
Mr. S. K. Das
-versus-
State Of Odisha
.....
Opposite Party
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel appearing for the Petitioner and learned counsel for the State-Opposite Party. Perused the materials placed before this Court.
3. The Petitioner is aggrieved by the order dated 23.06.2026 on which date the non-bailable warrant of arrest has been issued against him by the learned District and Sessions Judge, Khurdha at Bhubaneswar in T.R. Case No.397 of 2016. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail since 18.07.2016, after which the Petitioner was appearing before the learned Court in seisin over the matter after he 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
Page 2 of 2. counsel appearing for him. 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 party 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 23.06.2026.
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 23.06.2026 by the learned District and Sessions Judge, Khurdha at Bhubaneswar in T.R. Case No.397 of 2016, subject to verification and payment of a cost of Rs.500/- 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 court in seisin over the matter within ten days 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.
( Aditya Kumar Mohapatra )
Judge Sumitra
Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 16:18:27 Signature Not Verified