ASPIN DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Suryakanta Dwibedi, learned counsel for the petitioner files an affidavit along with certified copy of orders dtd. 10/12/2018, 30/10/2018 and 5/1/2019 passed in C.T. No. 38 of 2018. The same are taken on record.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the petitioner challenging the order dtd. 16/2/2023 passed in C.T. Case No.38 of 2018 by the learned Addl. Sessions Judge-cum-Special Judge, Phulbani issuing N.B.W. of arrest against the petitioner as he was absent on call and no steps were taken on his behalf. The case is one under Ss. 363, 366, 376 (2) (f) (n) of the I.P.C. read with Sec. 6 of the POCSO Act.

(3.) Mr. Suryakanta Dwibedi, learned counsel for the petitioner submits that the petitioner had been released on bail on 30/10/2018 under Sec. 167(2) of the Cr.P.C. pursuant to the order dtd. 10/10/2018 passed by the learned Additional Sessions Judge-cum-Special Judge, Phulbani. He further submits that the petitioner had been regularly attending before the learned trial Court till 16/2/2023. He was unable to appear before the Court on 16/2/2023, due to communication gap with his counsel and the conducting counsel also did not take any steps on his behalf. But he is ready and willing to surrender before the Court below and cooperate for early disposal of the trial.