[Cites 3, Cited by 0]
Orissa High Court
Manjulata Barik vs Jogindra Pradhan ..... Opposite Party on 22 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3527 of 2025
Manjulata Barik ..... Petitioner
Represented by Adv. -
M/s Rajat Kumar Panda,
P.p.parida, A.das,preetam
Mishra
-versus-
Jogindra Pradhan ..... Opposite Party
Represented by Adv. -
M/s Bibhu Prasad
Mohanty, N.swain,
S.mohanty
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
22.12.2025
Order No.
03. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the accused-Petitioner as well as
learned counsel appearing for the Complainant-Opposite Party.
Perused the application as well as the prayer made therein.
3. By filing the present application under Section 528 of the
B.N.S.S., the accused-Petitioner seeks to invoke the inherent power
of this Court to quash order dated 19.03.2025 passed by the learned
S.D.J.M., Boudh rejecting the application filed by the Petitioner
under Section 311 Cr.P.C. to recall C.W.1 in 1.C.C. Case No.02 of
2023 which was registered at the instance of the Opposite Party for
alleged commission of an offence punishable under Section 138 of
the N.I. Act.
4. Learned counsel for the Petitioner at the outset submitted that
the abovenoted 1.C.C. Case, the trial has already been concluded and
the matter has been posted for delivery of the judgment. He further
contended that the judgment which is ready has been kept in sealed
cover. Further, referring to the earlier application filed by the
Petitioner which was registered as CRLMC No.5073 of 2025 learned
counsel for the Petitioner contended that the Petitioner had filed the
said CRLMC application under Section 528 of the B.N.S.S. with a
prayer to quash the order issuing NBW of arrest against the Petitioner
vide order dated 24.10.2025. In that case order dated 24.10.2025
issued NBW against the present Petitioner was set aside and subject
to payment of cost of Rs.500/- and the Petitioner was directed to
appear before the learned trial court within two weeks in the date of
such order.
5. Learned counsel for the Petitioner at this juncture further
submitted that the Petitioner could not appear before the learned trial
court pursuant to order dated 02.12.2025 as he was apprehending that
the moment the Petitioner will appear before the learned trial court
the final judgment will be delivered. Hence, he moved the application
under Section 311 Cr.P.C. with a prayer to recall the complainant for
his further examination in connection with the present case.
However, such application having been rejected by the impugned
order dated 1903.2025 the Petitioner has again approached this Court
by filing the present application. While assailing the order dated
19.03.2025, learned counsel for the Petitioner contended that the
learned trial court has not taken into consideration the concern of the
accused Petitioner and that further examination of the complaint is
essential for just decision of the case. Accordingly, by virtue of order
dated 19.03.2025 the application has been rejected.
6. Learned counsel appearing of the complainant on the other
hand objected to the prayer made in the present application at the
instance of the accused-Petitioner. He further submitted that ample
opportunity was provided to the accused-Petitioner to present his
case and cross-examine the complainant witnesses. However, the
Petitioner did not do so and remained absence. As a result of which
an NBW of arrest has been issued against the present Petitioner. He
further contended that to defer pronouncement of the judgment the
Petitioner has been approaching this Court repeatedly by filing
separate applications. In such view of the matter, learned counsel for
the complainant contended that the present application is only
attempt to delay the trial and hence the same deserves to dismissed at
this stage.
7. Having regard to the submissions made by the learned counsel
appearing for the both sides, on a careful examination of the
background facts, this Court is of the considered view that the present
application can be disposed of at the stage of admission by granting
liberty to the Petitioner to move a fresh bail application under Section
311 Cr.P.C. for recalling the complainant for his further examination
within two weeks from today along with a questionnaire. In such
eventuality, the learned trial court shall do well to consider and
dispose of such application within two weeks thereafter after
providing opportunity of hearing to both sides and in no case the
application will remain pending for a period of more than four weeks
from the date of today's order. Thereafter, the learned trial court shall
proceed to dispose of the trial as per law. In view of the aforesaid
development, the time to surrender and to take advantage of the order
dated 02.12.2025 passed in CRLMC No.5073 of 2025 is extended by
a further period of three weeks, failing which, it is open to the
learned trial court to take necessary steps in accordance with law and
to pass an appropriate judgment based on the merits of the matter.
8. With the aforesaid observations and directions the CRLMC
application stands disposed of.
( A.K. Mohapatra )
Judge
Rubi
