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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2487 of 2021

Sk. Kurban @ Sk. Kurban Khan

and others

&.

Petitioners

Mr. A.S. Paul, Advocate

-versus-

State of Odisha &. Opposite Party

Mr. K.K. Gaya, AGA

CORAM:

JUSTICE S.K. PANIGRAHI

Order No.

ORDER

03.02.2022

01.

1. The matter is taken up through video conferencing mode.

2. Heard learned counsel for the petitioners and learned counsel

for the State.

3. The petitioners have filed this application under Section 482

of the Cr.P.C. to quash the order dated 30.04.2021 passed by

the learned JMFC, Chilika in Tangi P.S. Case No.118 of 2016

corresponding to G.R. Case No.169 of 2016 issuing N.B.W.

against them.

4. Learned counsel for the petitioners submits that the

petitioners are daily labourers and they are working outside the

State. They have no knowledge regarding institution of the

case. Hence, the N.B.W. was issued on 30.04.2021 against

them. Petitioners undertake to co-operate with the trial and

appear on each date of trial.

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5. Considering the aforesaid submissions, the petitioners are

directed to surrender before the court in seisin over the matter

in the aforesaid case within a period of fifteen days hence.

Upon their surrender, the court in seisin over the matter shall

consider for releasing them on bail with some stringent

conditions so as to ensure their regular attendance on each date

of posting of the case before the trial court. In addition, each of

the petitioners shall deposit a cost of Rs. 1000/-(rupees one

thousand) (totalling Rs.4,000/-) for violating the court9s order.

The said amount shall be deposited before the High Court Bar

Associations Welfare Fund and copy of the said deposit shall

be presented before the court in seisin over the matter.

6. In view of the above, the order of issuance of N.B.W. against

the petitioners on 30.04.2021 passed in Tangi P.S. Case No.118

of 2016, arising out of G.R. Case No.169 of 2016 is quashed.

7. Accordingly, the CRLMC is disposed of.

8. As the restrictions due to resurgence of Covid-19 are

continuing, learned counsel for the parties may utilize a print

out of the order available in the High Court9s website, at par

with certified copy, subject to attestation by the Advocate

concerned with his/her seal, in the manner prescribed vide

Court9s Office Order dated 7^th January, 2022.

(S.K. Panigrahi)

Judge

PCD