Bhaskar Ch.Nayak v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2176 of 2011 Bhaskar Chandra Nayak and others ....

Petitioners versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

15.03.2022 08.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the order dated 20th May, 2011 passed by the learned J.M.F.C., Chandbali in I.C.C. No.37 of 2011, taking cognizance of offences under Sections 341, 323, 294, 354, 379, 302, 448 read with Section 34 of the I.P.C.

3.

No one appears on behalf of the Petitioners at the time of call.

4.

The case is of the year 2011.

5.

As such, this Court is of the view that the Petitioners are recalcitrant litigants and do not want to proceed with the matter.

6.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 7.

However, liberty is given to the Petitioners to raise all the contentions at the time of framing of charge, if charge has not been framed in the aforesaid case and in that event, the court concerned shall consider the same in accordance with law.

8.

Interim orders dated 12th August, 2011 passed by this Court in Misc. Case Nos.1393 and 1394 of 2011 stands vacated.

9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA