Orissa High Court

CRLMC/2803/2026 of KANHU PRASAD MISHAL Vs STATE OF ODISHA on 18 August 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2803 of 2026 CNR No. ODHC010539352026 Kanhu Prasad Mishal ..... Petitioner Represented by Adv. – Mr. Suryakanta Dash -versus- State of Odisha ..... Respondent Represented by Adv. – Mr. U.R. Jena, AGA CORAM: MR. JUSTICE ADITYA KUMAR

Page 1 of 2.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2803 of 2026

CNR No. ODHC010539352026

Kanhu Prasad Mishal

.....

Petitioner

Represented by Adv. –

Mr. Suryakanta Dash

-versus-

State of Odisha

.....

Respondent

Represented by Adv. –

Mr. U.R. Jena, AGA

CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

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ORDER

18.08.2026 Order No.

01.

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

2. Heard learned counsel for the parties and perused the records.

3. The Petitioner being aggrieved by the order dated 14.10.2025 whereby an NBW of arrest has been issued against him by the learned P.O., Special Court under POCSO Act-cum- Additional Sessions Judge, Jeypore in T.R. No.09 of 2018, has approached this Court by filing the instant application with a prayer to quash such order.

4. Learned counsel for the petitioner submitted that initially the Petitioner was on bail. He further submits that since the date of his release on bail the Petitioner was appearing before the Court in seisin over the matter. However, on the date fixed for appearance before the court in seisin over the matter, due to illness, the Petitioner could not able to appear before the court in seisin over the matter and no step was

Page 2 of 2. taken on his behalf. Therefore, 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 order dated 14.10.2025, the Petitioner has approached this Court with a prayer to quash the same.

5. 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 14.10.2025 passed by the learned P.O., Special Court under POCSO Act-cum- Additional Sessions Judge, Jeypore in T.R. No.09 of 2018, subject to payment of cost of Rs.800/- (Rupees eight hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within twenty days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned P.O., Special Court under POCSO Act-cum-Additional Sessions Judge, Jeypore within twenty days from today along with a copy of this order and shall continue to participate in the proceeding without any further default unless his personal appearance is dispensed with. 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.

6. The CRLMC is accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge Debasis

Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 20-Aug-2026 16:26:19 Signature Not Verified

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