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Judgment
Savitri Ratho, J
This application under Section 482 of Cr.P.C. has been filed by the petitioner challenging the order dated 27.07.2023 passed by the learned S.D.J.M., Dhenkanal in G.R. Case No.996 of 2023 arising out of Dhenkanal Town P.S. Case No.470 of 2023 registered under Sections 294, 448, 323, 353 and 506 of IPC, issuing N.B.W. of arrest against the petitioner on the application of the I.O.
Copy of the application dated 27.07.2023 filed by the I.O. is filed by learned counsel for the petitioner and is taken on record.
Mr.Singh, learned counsel for the petitioner submits that the requirement of Sections 73 and 41-A of the Crl.P.C. have not been fulfilled as the offences alleged against the petitioner are punishable for imprisonment less than seven years but no notice has been sent to the petitioner under Section 41-A Crl.P.C. Barely 20 days after registration of FIR, the application for issuance of N.B.W. has been filed which is not sustainable in the eye of law.
Perusal of the application reveals that the I.O. has stated that he has taken sincere efforts to apprehend the accused, Makardhwaja Munda, but in vain. He is avoiding police apprehension and is absconding and his present whereabouts is not known as the case is lingering for his apprehension for which it is necessary to obtain N.B.W. of arrest and for submission of charge sheet. In the FIR, it has been mentioned that the petitioner is a Havildar.
List this matter on 29.09.2023 alongwith ABLAPL No.7465 of 2023 in order to enable Mr.S.S.Mohapatra, learned Addl. Standing Counsel to obtain the case diary and instructions if the petitioner is attending office.
In the meanwhile, the operation of the order dated 27.07.2023 passed by the learned S.D.J.M., Dhenkanal in G.R. Case No.996 of 2023 shall remain stayed till 29.09.2023.
Urgent certified copy of this order be granted as per rules.
Copy of this order be handed over to Mr.S.S.Pradhan, learned Addl. Government Advocate.
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