Harbinder Singh Deengra vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 848 Ori

Orissa High Court

Harbinder Singh Deengra vs ) State Of Odisha ..... Opposite Parties on 3 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.2233 of 2025
                 Harbinder Singh Deengra       .....      Petitioner
                                                                  Represented By Adv. -
                                                                  Anup Udaya Senapati

                                               -versus-
                 1) State Of Odisha                       .....       Opposite Parties
                 2) Krupasindhu Gahan                              Ms. B.K. Sahu, AGA

                                      CORAM:
                        THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                    MOHAPATRA

                                              ORDER

03.07.2025 Order No.

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

2. Heard learned counsel for the Petitioner. Perused the application.

3. Learned counsel for the Petitioner at the outset contended that challenging order dated 09.05.2025 under Annexure-4, the Petitioner has approached this Court by filing the present application under Section 482 of Cr.P.C. By virtue of the impugned order dated 09.05.2025, the learned trial Court has rejected the prayer of the accused Petitioner to dispense with his personal attendance in terms of the proviso to Section 313(1). Learned counsel for the Petitioner further submitted that since the trial involves a summon case, the personal appearance of the accused person is very well be dispensed with in terms of the aforesaid proviso. In the aforesaid context, learned counsel for the Petitioner referred to the judgment of this Court in Lingaraj Real Estates and Developers (P) Ltd. v. State of Orissa and another reported in 2010 (I) OLR 439 as well as in the

case of TGN Kumar v. State of Kerala & Ors. reported in 2011 (I) OLR (SC) 754.

4. Accordingly, Issue notice on the question of admission to the Opposite Parties.

5. Since Ms. B.K. Sahu, learned Additional Government Advocate accepts notice on behalf of Opposite Party No.1, extra copy of the writ petition be served on learned Additional Government Advocate within a week.

6. Issue notice to the Opposite Party No.2 by Registered Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.

7. List this matter in the week commencing 18th August, 2025.

8. Heard.

9. Notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that on an application being filed by the Petitioner seeking adjournment, the learned Court in seisin over the matter shall adjourn the proceeding in 1CC Case No.18 of 2009 for a period of eight weeks.

( Aditya Kumar Mohapatra ) Judge S.K. Rout

Location: High Court of Orissa, Cuttack Date: 03-Jul-2025 19:35:38 Page 2 of 2.