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Judgment
S.K. Panigrahi, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioners and learned counsel for the State.
This application under Section 482 of CrPC has been filed by the petitioners with a prayer to quash the order dated 19.03.2020 passed by the
learned G.N.A.-cum-JMFC, Komna in C.T. Case No.281 of 2019 issuing NBW(A) against the petitioners.
The fact of the case, in nutshell, is that on 28.10.2019 at about 3.30 P.M., the IIC, Komna Police Station received an information from a reliable
source that labour trafficking is going on at village Simelpali by labour Sardar. After receiving information, Jitendra Kumar Biswal, S.I. of police,
Komna Police Station along with other staff proceeded to the spot and conducted local enquiry and came to know that the petitioners have collected
some labourers assuring them to pay lot of money and kept them near village-Semilpali. On seeing the police personnel, the petitioners fled from the
spot.
Learned counsel for the petitioners submits that the petitioners have been granted interim bail/protection vide order dated 22.11.2019 passed by this
Hon’ble Court in ABLAPL No.16328 of 2019 which is still sub-judice and hence, the interim protection granted to the present petitioners is still in
operation. The prosecution, i.e., the State of Oisha/opp.party has never prayed for variation of such interim order but the concerned I.O. in this case
has intentionally prayed for issuance of NBWA before the learned court below against the petitioners though he is well aware of the order passed by
this Hon’ble Court which is still operative. Therefore, such action on the part of the I.Os. is fraught with mala fide intention and actuated with
ulterior motive and it shows utter disregard to the order passed by this Hon’ble Court which is seriously contemptuous.
Learned counsel for State vehemently opposed the prayer of the petitioners.
In view of the observation earlier made by this Court which is in operation till date, the issuance of NBW(A) passed by the learned court below in
the aforesaid case is not sustainable and the same is accordingly quashed.
With the aforesaid order, this CRLMC stands disposed of.
Urgent certified copy of this order be granted on proper application..
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