Orissa High Court
CRLMC/2763/2026 of LAXMIKANTA MISHRA Vs JAGABANDHU PADHY on 17 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2763 of 2026 CNR No. ODHC010610812026 Laxmikanta Mishra ..... Petitioner Represented by Adv. - Sidhartha Sankar Ray (2) -versus- Jagabandhu Padhy ..... Opp. Party Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2763 of 2026
CNR No. ODHC010610812026
Laxmikanta Mishra
.....
Petitioner
Represented by Adv.
- Sidhartha Sankar
Ray (2)
-versus-
Jagabandhu Padhy
.....
Opp. Party
Represented by Adv.
-
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 Petitioner. Perused the materials placed before this Court.
3. The Petitioner is aggrieved by the order dated 22.06.2026 on which date the non-bailable warrant of arrest has been issued against him by the learned J.M.F.C., Aska in 1.C.C Case No.27 of 2021. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 08.10.2023, after which the Petitioner was appearing before the learned Court in seisin over the matter after he was released on bail. However, on one of the dates fixed for appearance, due to communication gap with his lawyer, the Petitioner was unable to appear since no step was taken to represent the petitioner by the counsel appearing for him. Thereafter, a non-
Page 2 of 2. 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 such order the Petitioner has approached this Court with a prayer to quash order dated 22.06.2026.
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 Petitioner, this Court deems it proper to set aside the order dated 22.06.2026 by the learned J.M.F.C., Aska in 1.C.C Case No.27 of 2021, subject to payment of a cost of Rs.500/- (Rupees Five Hundred) by the Petitioner 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 Petitioner shall appear before the learned J.M.F.C., Aska 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 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.
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