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2019 DIGILAW 511 (ORI)

Namita Mukherjee v. State of Odisha

2019-08-07

S.PUJAHARI

body2019
ORDER : S. Pujahari, J. 1. Heard, the learned counsel for the petitioners, the learned counsel for the opposite party no. 2-complainant. 2. This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 27.06.2019 under Annexure-1 passed by the learned S.D.J.M., Baripada in I.C.C. No. 182 of 2018 wherein their prayer under Section 205 of Cr.P.C. has been rejected and to direct the learned S.D.J.M. to dispense with their personal attendance. 3. The petitioners, being indicted in the aforesaid case, are the mother-in-law and wife of the opposite party no. 2. The complainant was lodged the case after submission of final report alleging for commission of offences under Sections 379/380/406/420/120(B)/34 of I.P.C. to be false. However, in the said complaint case, the petitioners filed petition under Section 205 of Cr P.C. to dispense with their personal attendance, as they are residing in a far-away place and are women. The learned S.D.J.M., Baripada refused to allow the same on the ground that since N.B.W.(A) has been issued against them, the same cannot be allowed. 4. Needless to say that issuance of N.B.W.(A) is not a ground to reject the prayer for dispensing with the personal attendance has since been held by this Court in the case of Kaveri alias Benga alias Sukanti Paikarai and another v. The State, reported in (1994) 7 OCR 645; Dr. Santanu Kr. Parida v. State of Orissa and another, reported in (1999) 17 OCR 239; and Debasis Samantaray v. State of Orissa and another, reported in 2013 (II) OLR 219 : (2003) 25 OCR 594 . 5. In view of the same, the impugned order is set aside. The learned S.D.J.M., Baripada is directed to redress the application of the petitioners for dispensing with taking note of the law laid down in the case of Bhaskar Industries Ltd. v. M/s. Bhiwany Denim and Apparels Ltd., reported in AIR 2001 SC 3625 and pass necessary order within a period of ten days of receipt of the copy of this order. The order be produced before the learned S.D.J.M., Baripada within four weeks hence. 6. However, in the interregnum, there shall be stay of execution of N.B.W.(A) issued against the petitioners. 7. With the aforesaid order, this CRLMC stands disposed of.