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2006 DIGILAW 807 (ORI)

ABDUL SUKUR KHAN @ SUKUR KHAN v. STATE OF ORISSA

2006-11-23

R.N.BISWAL

body2006
JUDGMENT : R.N. Biswal, J. - Heard 2. This application has been filed with a prayer to set aside the order dated 19.4.2006 passed by the S.D.J.M., Dhenkanal in G.R. Case No. 359 of 2004 and to permit him to face the trial from the next date on the previous bail. 3. As it appears from the order sheet of the Trial Court, the Petitioner appeared personally on 19.11.2005, 16.12.2005, 10.2.2006 and 7.4.2006. Except on the first date on all other dates the witnesses were to be examined. In one occasion the Presiding Officer was absent and on all other dates no prosecution witness was found present. On 19.4.2006 the Petitioner filed a petition u/s 317 of Code of Criminal Procedure. with a prayer to allow him to be represented by his Counsel as he could not attend the Court due to traffic jam, but the petition was rejected and N.B.W. was issued against him on the same day on the ground that the presence of the accused on that date was required for identification by the witnesses. There was no previous direction for personal appearance of the accused Petitioner on 19.4.2006. As mentioned above, he appeared before the Trial Court in four consecutive dates. So the S.D.J.M. ought have at least given one chance to the accused-Petitioner for his personal appearance instead of jumping to issue N.B.W. against him. 4. In my view, this is a case where the extraordinary power conferred u/s 482 Code of Criminal Procedure. upon this Court should be exercised to undo the wrong. Accordingly the CRLMC is allowed. The order of issuance of N.B.W. dated 19.4.2006 against the Petitioner in G.R. Case No. 359 of 2004 is hereby quashed. The Trial Court shall notice the accused-Petitioner to face the trial on previous bail. Accordingly the CRLMC is disposed of.