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Orissa High CourtCRLMC/741/2012dismissed for defaultnonprosecution

Ashrumochan Nayak v. State

2022-03-30Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.741 of 2012 Ashrumochan Nayak.

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Petitioner -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

30.03.2022 06.

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 13.10.2011 passed by the learned S.D.J.M.(S), Cuttack in G.R. Case No.851 of 2011 taking cognizance of the offences under Sections 341, 323, 294, 354 and 509/34 of IPC. 3.

No one appears for the petitioner at the time of call. This case is of the year 2012 and near about 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 20.04.2012 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