Orissa High Court
CRLMC/3061/2026 of SUSANT KUMAR SETHI@ABOL SETHY Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3061 of 2026 CNR No. ODHC010616062026 Susant Kumar Sethi @ Abol Sethy & Anr. ..... Petitioners Represented By Adv. – Mr. Amitav Tripathy -versus- State Of Odisha ..... Opposite Party Mr. C. Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3061 of 2026
CNR No. ODHC010616062026
Susant Kumar Sethi @ Abol
Sethy & Anr.
.....
Petitioners
Represented By Adv. –
Mr. Amitav Tripathy
-versus-
State Of Odisha
.....
Opposite Party
Mr. C. Mohanty, 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 Petitioners and learned counsel for the State-Opposite Party. Perused the materials placed before this Court.
3. The Petitioners are aggrieved by the order dated 03.05.2023 on which date the non-bailable warrant of arrest has been issued against them by the learned ASJ-cum-CJM, Nayagarh in S.T. Case No.262 of 2026. Learned counsel for the Petitioners submitted that earlier both the Petitioners were on bail since 22.05.2012 and 15.05.2013, after which the Petitioners were appearing before the learned Court in seisin over the matter after they were released on bail. However, on one of the dates fixed for appearance, due to communication gap with their lawyer, the Petitioners were unable to appear since no step was taken to represent the Petitioners by the counsel appearing for them.
Page 2 of 2. Thereafter, 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 such order the Petitioners have approached this Court with a prayer to quash order dated 03.05.2023.
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 Petitioners, this Court deems it proper to set aside the order dated 03.05.2023 by the learned ASJ-cum-CJM, Nayagarh in S.T. Case No.262 of 2026, subject to payment of a cost of Rs.1,000/- by the Petitioners each 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 Petitioners 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 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.
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