ORDER

Dt.20.03.2008 — Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner calls in question the order dated 10.5.2007 passed by the learned S.D.J.M., Nayagarh in G.R. Case No.275 of 2006 arising out of Nayagarh P.S. Case No. 162 of 2006.

Before submission of the charge sheet and on the prayer of the I.O., the learned S.D.J.M. has issued N.B.W. against the petitioner and another co-accused, by passing the impugned order which is as under :-

“Order No.11 dated 10.5.2007

The case record is put up today as the I.O. of this case prayed to issue N.B.W. against the absconding accused persons Nilu Parida and Dilu Parida both S/o: Rama Parida of vill: Gotisahi, P.S. Sarankul, Dist: Nayagarh. The I.O. has also fur¬nished the case diary along with injury report and statements under Section 161 Cr.P.C., Perused the same. The prayer of I.O. is allowed in part. Issue N.B.W. against the above noted abscond¬ing accused persons and put up on 8.6.07 for receipt of F.F.”

Mr. Ganeswar Rath, learned counsel appearing for the peti¬tioner submits that the other co-accused, namely, Luti @ Priti¬ranjan Parida pursuant to N.B.W. issued, was apprehended and produced