IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5268 of 2025 Mahendra Naik and another ..... Petitioners Represented by Adv. - Prasanna Kumar Panda -versus-

State Of Odisha and another ..... Opposite Parties Mr. C.M. Singh, ASC Mr. S.S. Mohapatra, Adv.

for Informant CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

11.12.2025 Order No.

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

2. Heard learned counsel for the Petitioners as well as learned counsel for the Informant and learned counsel for the State. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 528 of BNSS, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash order dated 20.11.2025 passed by the learned J.M.F.C., Thuamul Rampur in C.T. Case No.238 of 2024, thereby issuing an NBW of Arrest against the present Petitioner.

4. Learned counsel for the Petitioners at the outset contended that initially the Petitioners were released on bail on 30.07.2025.

Thereafter, the charge was framed in the matter but the Petitioners could not appear before the trial court on the next date due to a communication gap with the conducting counsel. As a result of which, an NBW of Arrest has been issued on 20.11.2025. Learned counsel for the Petitioners at this juncture contended that the Petitioners are ready and willing to surrender before the court below and cooperate with the learned trial court if they are granted another opportunity.

5. Learned counsel for the Informant on the other hand objected to the prayer made in the present application on the ground that the Petitioners have been threatening the Informant. He further submitted that an FIR has been lodged in that regard.

6. Taking into consideration the submission made by the Informant, this Court is of the view that in the event any such development has taken place, it is open to the Informant to move an application for cancelation of bail on such ground.

7. Having heard the learned counsels appearing for the respective parties, on a careful examination of the facts pleaded in the application, this Court is inclined to grant another opportunity to the Petitioners. Accordingly, it is directed that in the event the Petitioners surrender within two weeks and move an application for recalling of the order of NBW, the learned trial Court shall recall the same, subject to payment of a cost of Rs500/- by the Petitioners to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that while recalling the order of NBW it is open to the learned trial court to impose any other additional conditions. In the event, the Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.

8. With the aforesaid observation/direction, the CRLMC application stands disposed of.

( Aditya Kumar Mohapatra )

Judge S.K. Rout Digitally Signed Signed by: ANIL KUMAR SAHOO Rea s o n : A u t h e n t i c a t i o n Page 3 of 3.

Location: High Court of Orissa, Cuttack Date: 16-Dec-2025 11:28:41