Shakti Prasad Sahani V. Union of India

CRLMC/2061/2023

AI Insights

The case involves Shakti Prasad Sahani, the petitioner, who challenged the order of the learned Addl. Chief Judicial Magistrate, Cuttack, which issued a Non-Bailable Warrant (NBW) against him due to his non-appearance on the judgment delivery date. The petitioner was represented by his lawyer on the scheduled date but failed to appear personally due to illness, despite having his appearance previously dispensed with. The court considered the submissions from both parties, including the petitioner's readiness to appear and the procedural appropriateness of issuing an NBW instead of a summons or bailable warrant.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 693327 (HC-ORISSA)
• Appeal Type: Others
• Pronouncement Date: 02-05-2023
• Assessment Year: misc
• Laws Referred To: Code of Criminal Procedure
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: S S MOHAPATRA
• Assessee Lawyers: P K MISHRA
• Keywords: Illness; Non-appearance; Sealed cover; NBW of arrest; Hazira
• Section: 205; 482

Judgement Text

" Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2061 of 2023 Shakti Prasad Sahani ….. Petitioner Mr. P.K. Mishra, Adv. Vs. Union of India ….. Opposite Party Mr. S.S. Mohapatra, Sr. Standing Counsel (I.T.) CORAM: JUSTICE SAVITRI RATHO ORDER 02.05.2023 Order No. 01. Sukanta (Through hybrid mode) 1. Defect No.6 as pointed out by the S.R. is ignored, as learned Senior Standing Counsel (I.T.) has received copy of the brief. 2. Mr. S.S. Mohapatra, learned Senior Standing Counsel for the Income Tax files an appearance memo in Court today which is taken on record. 3. This application under section 482 of the Code of Criminal Procedure has been filed by the petitioner, challenging the order dated 24.02.2023 passed by the learned Addl. Chief Judicial Magistrate, Cuttack in 2(C) CC No. 272 of 2017, issuing NBW of arrest against the petitioner due to his non-appearance on the date fixed for delivery of the judgment. 4. Mr. P.K. Mishra, learned counsel for the petitioner submits that on 29.11.2022, the personal appearance of the petitioner has SUKANTA KUMAR BEHERA Digitally signed by SUKANTA KUMAR BEHERA Date: 2023.05.10 16:50:12 +05'30' Page 2 of 3 been dispensed with earlier and argument has been concluded on 06.02.2023 .The case was posted to 24.02.2023 for judgment and the petitioner had been directed to remain present . The petitioner was unable to appear on the said date due to his illness, but his representing lawyer had filed hazira . The learned trial issued NBW of arrest against the petitioner as judgment could not be pronounced due to his absence and directed the judgment to be kept in a sealed cover. Mr Mishra learned counsel for the petitioner submits that the application of the petitioner under Section 205 Cr.P.C. had been allowed earlier, instead of straightway issuing NBW of arrest , the Court could have directed for his appearance or issued summons / bailable warrant against him. He further submits that soon after 24.02.2023 the petitioner had gone to the Court for appearing before it , but as NBW of arrest had already been issued, he felt apprehensive and came away and that he is ready and willing to appear before the Court on any day fixed by this Court . 5. Mr. S.S. Mohapatra, learned Senior Standing Counsel for the Income Tax submits that through on the said date the case was fixed for judgment and as the petitioner was absent , the NBW of arrest has rightly been issued against him. Page 3 of 3 6. Considering the above submissions , the order dated 24.02.2023 issuing NBW against the petitioner is set aside and he is directed to appear in the Court of the learned Addl. Chief Judicial Magistrate, Cuttack in the aforesaid case on or before 12.05.2023, so that the learned trial Court can pronounce the judgment , without further delay . 7. The CRLMC is disposed of with the aforesaid observation. 8. Urgent certified copy of this order be granted on proper application. ………………………... (SAVITRI RATHO) JUDGE "