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2023 Supreme(Online)(ORI) 13296

ORISSA HIGH COURT
RABINDRA KUMAR BARIK – Appellant
Versus
STATE OF ODISHA – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The petitioner, Rabindra Kumar Barik, filed a petition seeking to quash an order dated 15.10.2019 issued by the learned J.M.F.C., Banki, in G.R. Case No. 233 of 2004 (!) (!) .
  • The order involved the issuance of a non-bailable warrant (NBW) against the petitioner, which was issued on 15th October 2019 (!) (!) .
  • The case dates back to the year 2004, and the petitioner did not surrender immediately after the NBW was issued nor took prior steps to approach the court (!) (!) .
  • The petitioner has expressed willingness to cooperate with the court and to appear in person on each date to facilitate the early disposal of the case (!) (!) .
  • The court directed that if the petitioner surrenders within three weeks from the date of the order and moves a bail application, he shall be admitted to bail upon depositing Rs.750/- and subject to the court's terms and conditions (!) (!) (!) (!) .
  • The court clarified that applications under Section 317 of the Code of Criminal Procedure during the trial would not be entertained routinely and only upon an express order of the court (!) (!) (!) .
  • The order was disposed of accordingly, with the petitioner being given an opportunity to surrender and cooperate (!) .
  • The order was signed and authenticated by the judge, Justice Chittaranjan Dash, on 10-Nov-2023 (!) (!) (!) (!) .

Please let me know if you need a more detailed analysis or specific legal advice related to this document.


Page 1 of 2

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 4922 of 2023

Rabindra Kumar Barik

…. Petitioner

Mr. A. Mishra, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr. Shashanka Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH

Order No.

ORDER

09.11.2023

01.

1. Heard learned counsel for the Petitioner and the State.

2. By means of the present application, the Petitioner seeks the

indulgence of this Court to quash the order dated 15.10.2019 passed

by the learned J.M.F.C., Banki in G.R. Case No.233 of 2004,

wherein the learned court issued NBW against the Petitioner.

3. As seen from the brief, the matter is of the year 2004. The order

of NBW has been issued since 15th October, 2019 but the Petitioner

neither surrendered immediately after issuance of the NBW nor

took step to approach this court earlier. It is submitted by learned

counsel that the Petitioner shall appear in person on each date and

cooperate with the court for early disposal of the case. In that view

of the matter, quashing the order impugned, it is directed that in the

event the Petitioner surrenders before the court within three weeks

hen

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