Orissa High Court
CRLMC/2806/2026 of AJABUL KHAN@EZABUL KHAN@MINJU Vs STATE OF ODISHA on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2806 of 2026 CNR No. ODHC010624052026 Ajabul Khan@ Ezabul Khan@ Minju & Anr. ..... Petitioners Represented by Adv. - Kaustuva Mohanty -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2806 of 2026
CNR No. ODHC010624052026
Ajabul Khan@ Ezabul
Khan@ Minju & Anr.
.....
Petitioners
Represented by Adv. -
Kaustuva Mohanty
-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 01.08.2026 on which date the non-bailable warrant of arrest has been issued against them by the learned Additional Sessions Judge, Athagarh in S.T Case No.76 of 2026. Learned counsel for the Petitioners submitted that initially the Petitioner No.1 was released on bail on 11.02.2026 and the Petitioner No.2 was released on bail on 14.05.2025, 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
Page 2 of 2. counsel appearing for them. 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 01.08.2026.
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 01.08.2026 by the learned Additional Sessions Judge, Athagarh in S.T Case No.76 of 2026, subject to payment of a cost of Rs.500/- (Rupees 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 Additional Sessions Judge, Athagarh 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 19:35:41 Signature Not Verified