Orissa High Court
Basanti Muduli vs State Of Odisha ..... Opp. Party on 16 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2897 of 2025
Basanti Muduli ..... Petitioner
Represented By Adv. -
Amitav Tripathy
-versus-
State Of Odisha ..... Opp. Party
Represented By Adv. -
S.K. Brahma, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
16.09.2025 I.A. No.2394 of 2025 Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This application has been filed with a prayer for modification of order dated 05.08.2025.
3. Heard learned counsel for the parties.
4. Learned counsel for the Petitioner at the outset contended that the Petitioner being aggrieved by the issuance of NBW vide order dated 27.03.2025 in G.R. Case No.166-A of 2020 by the learned JMFC, Nayagarh has approached this Court by filing the present application. He further contended that the abovenoted GR case was posted for judgment on 27.03.2025 and the judgment in respect of other co-accused persons were pronounced. So far the present Petitioner is concerned, an application was filed under Page 1 of 3. Section 317 of the Cr.P.C. However, such application was rejected by the learned Magistrate and an NBW has been issued against the Petitioner. Being aggrieved by such issuance of NBW, the Petitioner has approached this Court by filing the present application. Learned counsel for the Petitioner at this juncture contended that the Petitioner is ready and willing to surrender before the court below.
5. Learned counsel for the State on the other hand objected to the prayer made in the present application. He further submitted that the learned trial court has not committed any illegality in issuing NBW against the Petitioner as the Petitioner was found to be absent on the date of delivery of the judgment. Accordingly, learned counsel for the State prayed for dismissal of the present application.
6. Having heard the learned counsels appearing for the parties, on a careful examination of the background facts of the present case, this Court observes that vide order dated 23.07.2025 the learned JMFC, Nayagarh has issued NBW against the present Petitioner as the Petitioner was not present before the court for pronouncement of the judgment. In the aforesaid factual background, this Court is of the view that the learned Magistrate has not committed any illegality in this case.
7. Further, taking into consideration the fact that the Petitioner is ready and willing to surrender before the court below and cooperate with the learned trial court, this Court deems it proper to dispose of the present application by granting liberty to the Petitioner to move an application before the learned trial court for recalling of the NBW vide order dated 23.07.2025. In such Page 2 of 3. eventuality, the learned trial court shall recall the NBW dated 23.07.2025 subject to payment of a cost of Rs.500/- (Rupees Five Hundred) in the Advocates' Welfare Fund of Local Bar Association and to allow the Petitioner to participate in the proceeding. Let the Petitioner surrender within two weeks from today along with a copy of today's order. In such eventuality, the learned trial court shall allow the Petitioner to participate in the proceeding and proceed further with the delivery of the judgment.
8. The I.A. is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Anil Signature Not Verified Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-Sep-2025 14:21:33