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Orissa High CourtCRLMC/3744/2011dismissed for defaultnonprosecution

Gangadhar Nayak v. State

2022-03-16Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3744 of 2011 Gangadhar Nayak.

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Petitioner -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

16.03.2022 04.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the order of cognizance dated 13.12.2010 passed by the learned S.D.J.M., Jeypore in G.R. Case No.493 of 2010 taking cognizance of the offences under Sections 341, 294, 324, 497 and 506 of IPC.

3.

No one appears for the petitioner at the time of call. This case is of the year 2011 and one decade has already been passed from the date of filing of this case. As such, the petitioner appears to be a recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands

// 2 // dismissed for non-prosecution. Interim order dated 01.11.2011 passed by this Court stands vacated.

4.

However, liberty is given to the petitioner to raise all such contentions at the time of framing of charge, if charge has not been framed in the meanwhile.

5.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS