Santosh Kumar Behera vs State Of Odisha
2021 Latest Caselaw 11725 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.2144 of 2021

            Santosh Kumar Behera                     ....       Petitioner
                                                     Mr. B. Nayak,
                                                     Advocate

                                        -versus-
            State of Odisha                          ....       Opposite Party

                                            Mr.S.K.Mishra,
                                            Addl. Standing Counsel

            CORAM:

                       JUSTICE SASHIKANTA MISHRA
                                      ORDER

15.11.2021.

Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard Mr. B.Nayak, learned counsel for the Petitioners, and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

3. This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in I.C.C. No.208/2015 pending in the court of learned S.D.J.M., Sundargarh.

4. It is submitted that the Petitioner was all through contesting the case, but on 20th October, 2021 when the case was posted for pronouncement of judgment, he was absent and sought representation through his counsel under Section 317 Cr.P.C.,

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but the same was not allowed. As such the judgment was directed to be kept in sealed cover and N.B.W. was directed to be issued against him, which is impugned in the present application.

5. It is submitted that non-appearance of the Petitioner on the date fixed was because of non-intimation of the date of posting of the case by his counsel and hence, his absence was neither wilful nor deliberate. It is, however, undertaken that the Petitioner shall appear before the court below on the date fixed for pronouncement of judgment.

6. Having regard to the submissions as above, prayer is allowed. The order dated 29th October, 2021 passed by learned S.D.J.M., Sundargarh in I.C.C. No.208/2015 is hereby quashed. Let the Petitioner appear before the court below on 28th December, 2021, on which date the judgment shall be pronounced.

7. The CRLMC is, accordingly, disposed of.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge

AKB

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AKB