Page 1 of 2

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2439 of 2022

Sri Kalia Panigrahi

&.

Petitioner

Mr. Soubhagya Kumar Dash, Advocate

-Versus-

Sri Ashok Kumar Palo and another

&.

Opposite Parties

None for OP No.1

Mr. S.S. Mohapatra, ASC , OP No.2

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER

20.09.2022

02.

1.

Heard learned counsel for the petitioner and learned

counsel for the State.

2.

Instant petition at the behest of the petitioner is filed

praying for quashing of the order dated 7^th July, 2022 passed by the

learned S.D.J.M., Berhampur in I.C.C. No.115 of 2018 on the

grounds stated therein.

3.

In fact by the impugned order under Annexure-2, learned

court below rejected the application which was moved under

Section 205 Cr.P.C. by the petitioner denying the exemption from

personal appearance which is currently under challenge on the

ground that the petitioner is having health issues and onthat ground

such exemption was prayed for was unjust and not properly taken

care of and ultimately the impugned order under Anenxure-2 was

passed which is unjustified.

4.

On a perusal of the impugned order under Annexure-2, this

Court finds that petitioner filed an application under Section 205

Cr.P.C. for exemption of his appearance on health ground along

Page 2 of 2

and praying for some other documents, but then the learned court

below was denied such prayer. It appears that there has been no

consideration of medical papers produced before the learned court

below and the impugned order was passed. Learned counsel for the

petitioner submits that petitioner in fact suffering from spinal related

issues

and

filed

some

medical

documents

and

therefore

consideration the documents on record before the leaned court

below exemption should have been allowed. Learned counsel has

referred to a decision reported in Debasis Samantaray Vrs. State of

Orissa and another 2008 Crl. Law Journal 3774 in support of his

case

5.

Considering the grounds of stated in the application for

exemption filed under Section 205 Cr.P.C., this Court finds that such

grounds has not been considered properly. In other wods, having

regard to the medical conditions of the petitioner, which is

supported by paper produced today. Accordingly, petitioner

claimed for exemption of his appearance.

6.

In view of such submissions, CRLMC stands allowed.

7 .

Consequently, the impugned order dated 7^th July, 2022

passed by the learned S.D.J.M., Berhampur in I.C.C. No.115 of 2018

is set aside with a direction to reconsider the prayer of the petitioner

in terms of the application filed under Section 205 Cr.P.C. taking

into consideration all the medical documents and consider the same

as per and in accordance with law and direct production of the

petitioner at the time of hearing.

8 .

Issue urgent certified copy as per rules.

(R.K. Pattanaik)

Judge