High CourtsSingle Bench

Paramananda Barik vs State of Orissa

Orissa High Court · Decided on 5 March 2008 · Citation: (2008) 1 OLR 577

HON’BLE JUDGES
B.P. Ray, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 205, 317, 482
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Judgment

4 paragraphs · 174 words

B.P. Ray, J.—Heard learned Counsel for the petitioner and the learned Counsel for the State.

2.

This application u/s 482, Cr.P.C. has been filed with a prayer to quash the order dated 6.11.2007 passed by the learned J.M.F.C, Khariar in G.R. Case No. 136 of 2006 rejecting the petitioner''s application u/s 205, Cr.P.C. for dispensing with his personal attendance and permit him to appear through his pleader. I am not inclined to interfere with the impugned order at this stage.

3.

However, I direct that in the event the petitioner surrenders before me J.M.F.C, Khariar on or before 20.3.2008 in the aforesaid G.R. Case and applies for bail he shall be released on bail on such terms and conditions as the learned Magistrate thinks fit. It is open to the petitioner to file an application u/s 317, Cr.P.C. showing cogent reasons for his absence. In that event, the learned Magistrate shall consider the application in its proper perspective and pass appropriate order.

4.

The CRLMC is disposed of accordingly. Issue UCC as per rules.