Orissa High Court
CRLMC/2765/2026 of AMULYA NAIK Vs STATE OF ODISHA on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2765 of 2026 CNR No. ODHC010606632026 Amulya Naik & Anr. ..... Petitioners Represented by Adv. - Amitav Tripathy -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2765 of 2026
CNR No. ODHC010606632026
Amulya Naik & Anr.
.....
Petitioners
Represented by Adv. -
Amitav Tripathy
-versus-
State Of Odisha
.....
Opp. Party
Represented by Adv. –
P.K. Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
17.08.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
3. The Petitioners are aggrieved by the order dated 12.07.2024 on which date the non-bailable warrant of arrest has been issued against them by the learned Senior Civil Judge-cum-Assistant Sessions Judge (Women’s Court), Nayagarh in S.T Case No.53/106 of 2019(A). Learned counsel for the Petitioners submitted that initially the Petitioners were released on bail on 06.03.2019, 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. Thereafter, a non-bailable warrant of arrest was issued
Page 2 of 2. 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 12.07.2024.
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 12.07.2024 by the Senior Civil Judge-cum-Assistant Sessions Judge (Women’s Court), Nayagarh in S.T Case No.53/106 of 2019(A), subject to payment of a cost of Rs.1500/- (Rupees One Thousand Five Hundred) by each of the Petitioners 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 learned Senior Civil Judge-cum-Assistant Sessions Judge (Women’s Court), Nayagarh within two weeks 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.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-Aug-2026 19:35:40 Signature Not Verified