Orissa High Court
Jitendra Kumar Lenka vs ) State Of Odisha ..... Opp. Parties on 22 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4260 of 2025
Jitendra Kumar Lenka ..... Petitioner
Represented By Adv. -
Nira Sundar Panda
-versus-
1) State Of Odisha ..... Opp. Parties
2) Rojalin Prusty Represented By Adv. -
Sasmita Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
22.10.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State. Perused the application as well as the prayer
made therein.
3. This is an application under Section 528 of B.N.S.S. has
been filed by the Petitioner to invoke the inherent power of this
Court to quash order dated 23.09.2025 passed in 1.C.C Case
No.66 of 2018 pending in the file of learned J.M.F.C., Nayagarh.
4. Learned counsel for the Petitioner at the outset contended
that in 1.C.C case No.66 of 2018, the trial was continuing, During
trial, the matter was posted to 23.09.2025 for argument from the
complaint side. In the 1st half of 23.09.2025, the learned Advocate
representing the accused-Petitioner filed Hazira and no time
petition was filed. Learned counsel representing the accused-
Petitioner assured the Court that he will produce the accused in 2 nd
half of the day and shall participate in the argument. The matter
was taken up in the 2nd half by the learned Magistrate. Neither the
Advocate for the accused nor the accused was present in Court on
repeated calls. As a result, the learned trial court issued NBW
against the Petitioner and the judgment was kept in sealed cover
and the matter has been directed to be listed on 24.09.2025 for
production of accused and for pronouncement of judgment.
5. Learned counsel for the Petitioner at this juncture contended
that due to a communication gap between the conducting counsel
of the Petitioner, the Petitioner could not know the date on which
he supposed to appear before the learned trial court. He further
submitted that the Petitioner is ready and willing to cooperate with
the learned trial court in the event he is granted another
opportunity.
6. Taking into consideration the aforesaid factual background,
this Court is inclined to grant another opportunity to the Petitioner
subject to payment a cost. Accordingly, it is directed that in the
event the Petitioner paying a cost of Rs.2500/- (Rupees Two
Thousand Five Hundred) to the complainant within two weeks
from today, the learned trial court shall recall the NBW and permit
the Petitioner to appear before the learned trial court and to
participate in the argument and pronouncement of the judgment.
7. Taking into consideration the fact that the case is of the year
2018, the learned trial court is directed to conclude the trial within
four weeks from today. The Petitioner is directed to cooperate
with the learned trial court. In the event the Petitioner fails to
appear before the learned trial court along with a copy of todays'
order within two weeks from today, this order shall automatically
stands vacated and it is open to the learned trial court to take any
coercive measure in accordance with law to ensure the presence of
the Petitioner before the learned trial court.
8. Accordingly, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 22-Oct-2025 17:52:22
