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Judgment
S.S. Mishra, J
In this petition the petitioner has challenged for quashing of the order dated 02.09.2023 passed by the learned Additional Civil Judge (Junior Division)-cum-J.M.F.C., Khandapara in 1.C.C. Case No.58 of 2017 wherein N.B.W. has been issued against him.
Learned counsel for the petitioner submits that his client has moved an application under Section 317 Cr.P.C. The said application was rejected and NBW has been issued against his client on 02.09.2023 by the court of the learned Additional Civil Judge (Junior Division)-cum-J.M.F.C., Khandapara in 1.C.C. Case No.58 of 2017. He further submits that his client was on bail.
Mr. Panda, on instruction submits that his client would be surrendering before the learned court below on or before 01.03.2024 and avail the remedy under law.
Taking into consideration the facts and submissions made at the Bar, the order dated 02.09.2023 passed by the learned Additional Civil Judge (Junior Division)-cum-J.M.F.C., Khandapara in 1.C.C. Case No.58 of 2017 is set aside, subject to the petitioner paying cost of Rs.500/- (Rupees five hundred) to the Orissa High Court Advocates’ Welfare Fund. The petitioner is also directed to surrender to the jurisdiction of the trial court as submitted by his counsel on or before 01.03.2024.
The CRLMC is accordingly disposed.
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