CRLMC/2691/2026 of CHIRASENA BHATRA@CHITRASEN BHATRA Vs STATE OF ODISHA on 18 August 2026

ORDER

18.08.2026 Order No.

01.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as the learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. The complainant, in 1.C.C. Case No.18 of 2023 pending in the file of learned S.D.J.M., Nabarangpur, has approached this Court by filing the present application under Section 482 of the Cr.P.C. with a prayer for a direction to the learned trial court to expedite the trial and to conclude such trial within a stipulated period of time. He has also prayed for direction to the appropriate authority for execution of the NBW issued by the learned trial court vide order dated 16.05.2025.

4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner as complainant lodged 1.C.C. Case No.18 of 2023 before the learned S.D.J.M., Nabarangpur alleging commission of offence punishable under Section 138 of the N.I. Act. He further contended that such case was initially filed in the year, 2023. In the meantime, the learned trial court issued summons to the accused- Opposite Party. However, the accused did not appear before the learned trial court. As a result of which, a BW was issued on 16.07.2024 by the learned trial court. Despite issuance of such BW, the accused did not appear before the learned trial court. On perusal of order dated 16.05.2025, it appears that earlier the matter came to this Court, where the trial had been targeted. Accordingly, the learned trial court vide order dated 16.05.2025, directed for issuance of NBW of arrest against the accused persons, fixing 24.06.2025 for execution of such NBW.

5. Learned counsel for the Petitioner, at this juncture, contended that although an NBW has been issued since more than one year ago, however, the same has not been executed. As a result of which, the case of complainant is not progressed in further.

6. On a careful examination of the background facts as well as the laxity shown by the police in executing the NBW, this Court observes that many such cases are pending before the learned trial court, particularly the Magistrates were trying offence under Section 138 of the N.I. Act. The laxity of the Police Department in executing the NBW should have been taken up by the learned District Judge with the Superintendent of Police of the Nabarangpur District in their higher-level officer’s meeting. It is further observed that inaction of the police in executing the NBW in causing unnecessary delay in conclusion of the trial in many such matters. Such inaction on the part of the police and delay on the part of Court in disposal of the trials is eroding the faith of the public in the judicial system.

7. In the aforesaid factual backdrop, this Court while disposing the present CRLMC application, grants liberty to the Petitioner to approach the Superintendent of Police, Nabarangpur along with copy of today’s order. The Superintendent of Police, Nabarangpur shall pass necessary instruction to the police personnel to take prompt steps for execution of the NBW issued by the Court not only in the present case but in all such pending cases. The learned District Judge, Nabarangpur shall also take up the issue of non-execution of NBW in the officer’s level meeting and personally supervise the issue of non-execution of the NBW by the local police and ensure that timely steps are taken for execution of such NBW thereby facilitating early disposal of the trials in such matters. A copy of this order be communicated to the learned District Judge, Nabarangpur for taking action at his end.

8. With the aforesaid observations and directions, the CRLMC 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: 20-Aug-2026 18:35:06 Signature Not Verified