Bibhu Prasad Jena v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2191 of 2011 Bibhu Prasana Jena ....

Petitioner versusState of Orissa and others ....

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 Petitioner with a prayer to set aside the order dated 12th January, 2010 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No.2043 of 2007, taking cognizance of offence under Section 498-A of the I.P.C. and Section 4 of the Dowry Prohibition Act, as well as the entire criminal proceeding.

3.

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

4.

The case is of the year 2011.

5.

As such, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter.

// 2 // 6.

Hence, this CRLMC stands dismissed for nonprosecution. 7.

However, liberty is given to the Petitioner 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 order dated 4th September, 2012 passed by this Court in Misc. Case No.1414 of 2011 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA