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IN THE HIGH COURT OF ORISSA ,CUTTACK.

. (Criminal Miscellaneous Jurisdiction Case)
CRLMC. NO- OF 2011 .
Code NO-092100

IN THE MATTER OF:

An application under section 482 of Cr. P.C.

AND

IN THE MATTER OF:

G. R. Case no -239 of 2003 which arises out of
G.R. P.S.case no-25 of 2003 now pending in the
Court of learned J.M.F.C (R),Cuttack .

AND

IN THE MATTER OF :
Niranjan Sethi aged about years.
Son of Baishnab charan Sethi.
Of Village- Bidyadharapur .P.O-Nuapara.
P.S.-Tirtola. Disrict- Jagatsinghpur.
… ……………………..Petitioner .
VERUS

State of Orissa …………………..Opp .Party .

The matter out of which this CRLMC arises was

never before this Hon’ble Court earlier in this form
what so ever .
To,
The Hon’ble Shri V.Gopala Gowda ,B .Sc,L.L.B.,the Chief Justice
of Orissa High Court and His Lord ships Companion Justices of
the said Hon’ble Court .

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The humble petition of the above named

petitioner.

MOST RESPECTFULLY SHEWETH :

1. That the petitioner has been falsely implicated into

the alleged crime for commission of offences under section-341/
323/ 339 I.P.C in connection with G.R.P.S. Case No-25 of 2003
corresponding to G.R case no-239 of 2009 now pending in the
court of learned J.M.F.C (R ), Cuttack .

2. That in the present application , the petitioner

challenges the illegal N.B.W. dtd 20.02 .2006 issued by the court
of learned Judicial Magistrate First Class(R ), Cuttack against him ,
where the learned Trail Court issued N.B.W. on the allegation
that on the date fixed the petitioner was not present in the court
or advocate appearing for him takes no step so issue N.B.W. against
him and directed concern police to produce the accused person .
For kind perusal copy of Order dtd 20.02.2006 is attached here
with .

3. That prosecution allegation in brief is that on

15.03.2003 one Braja Kishore Swain lodged a written F.I.R. before
O.I.C., G.R. Police Station against the present petitioner alleging
there in that the petitioner was standing in front of G.R.P. S.R.P
Office where the informant demanded Rs 1000/- which the
petitioner had taken from informant . But all on sudden the
petitioner assaulted and snatched away some gold ornaments and a
mobile phone. On the basics of this allegation the O.I.C, G.R.P.S.
registered P.S. case .

4. That the petitioner preferred a bail application before

learned J.M.F.C.(R ), Cuttack and was released on bail since
07.08. 2003, he has never violated the term and condition

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imposed on him. The dispute arises from political enmity and

individual grudge . The dispute between the informant and the
petitioner has been pending and the learned magistrate has
already taken cognizance and where the same is pending since
2003.

5. That it is humble submitted here that on the date fixed i.

e. on 20.02.2006 is not in the knowledge of the petitioner for
which he could not contact with his advocate for which the
advocate engaged for the petitioner could not take any step . As
a result of which the learned court below without issuing
summons, issued N .B .W. against the petitioner .

6. That non- attendance of the petitioner in the

court below on the date i.e on 20.02.2006, fixed by Court below
is not intentional or deliberate but due to circumstances and
the specifically fault of the petitioner. Hence a direction is
necessary to recall the order impugned and setting aside the
same for the greater interest of justice .

7. That the petitioner is a government employee working

as a constable in railway and permanent inhabitant of village-
Bidyadharpur under Tirtol police Station in the district of
Jagatsinghpur having movable and immovable properties are
there, so there is no chance of absconding or avoiding the
trail if the petitioner’s prayer in this CRLMC is allowed .

8 . That in view of the above fact and circumstances

unless this Hon’ble court admit this CRLMC, the petitioner will
suffer irreparable loss and injury .
P RAY E R
It is therefore prayed that let the Hon’ble Court may
graciously be pleased to admit this application, call for LCR and
after hearing the order of N. B.W. dtd 20.02.2006 issued against

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petitioner in G.R. case No- 239 of 2003 by learned Judicial

Magistrate First Class(R), Cuttack may kindly be quashed/set aside
and the petitioner’s earlier bail may kindly be continued for the
interest of justice.

And any other order/orders ,direction/ directions

may kindly be passed as would deem fit and proper by this
Hon’ble court .

And for this act of kindness the petitioner as in duty

bound shall ever pray .
Cuttack By the petitioner through

Date:17.03.2011. Advocate

AF F I DAV IT

I, Niranjan Sethi aged about years , Son of

Baishnab Charan Sethi of Village –Bidyadharpur,P.O-
Nuapara, Police Station-Tirtol , District- Jagatsinghpur do
here by solemnly affirms and state as follows :
1. That I am the petitioner in this case .

2. That the facts stated in this petition are true to the best
of my knowledge and belief .
Identified by

Advocate DEPONENT
C E R T I F IC A T E
Certified that due to non available of cartridge paper ,white thick
paper has been used .
Cuttack
Date-17.03.2011. Advocate

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