Orissa High Court
CRLMC/5319/2025 of PRAHALLAD OJHA Vs STATE OF ODISHA on 25 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5319 of 2025 CNR No. ODHC010858702025 Prahallad Ojha ..... Petitioner Represented by Adv. - Soubhagya Swain -versus- State Of Orissa ..... Opposite Party Represented by Adv. - Tapan Kumar Mohanty, D. Mallick Mr. C.M. Singh, ASC CORAM: THE
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5319 of 2025
CNR No. ODHC010858702025
Prahallad Ojha
.....
Petitioner
Represented by Adv. -
Soubhagya Swain
-versus-
State Of Orissa
.....
Opposite Party
Represented by Adv. -
Tapan Kumar
Mohanty, D. Mallick
Mr. C.M. Singh, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
25.08.2026 Order No.
03.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned counsel for the Opposite Party No.2 and the learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. By filing the present application the complainant in 1.C.C. Case No.2509 of 2014 pending in the court of learned S.D.J.M., Bhubaneswar has approached this Court with a prayer for quashing of the NBW against the Petitioner issued by the learned J.M.F.C. (Cog. Taking)-I, Bhubaneswar in the above noted complaint case which was subsequently registered as C.T. Case No.4407 of 2014 by virtue of the order passed by the learned Magistrate under Section 156(3) of the Cr.P.C. Although the Petitioner was asked to appear
Page 2 of 2. before the court for recording of his deposition on 06.02.2025, however, the Petitioner has failed to appear before the learned trial Court. As a result of which, the learned trial Court has issued the NBW to ensure the attendance of the Petitioner during trial.
4. Learned counsel for the Petitioner, at this juncture, contended that the Petitioner is ready and willing to participate with the trial and ready for recording of his deposition.
5. Learned counsels for the Opposite Parties did not dispute the aforesaid fact.
6. Considering such submissions, the CRLMC application is allowed, thereby quashing the NBW issued against the present Petitioner subject to condition that the Petitioner shall appear before the learned trial Court on 07.09.2026 along with a copy of today’s order. On such appearance, the learned trial Court shall do the needful for recording of the deposition by fixing a further date. Considering the fact that the case is of the year 2014, the learned trial Court shall do well to dispose of the trial as expeditiously as possible, preferably within a period of four months. Parties are directed to cooperate with the learned trial Court for early conclusion of the trial and they shall take any unnecessary adjournments.
7. Accordingly, the CRLMC application stands disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 17:03:32 Signature Not Verified