Kashinatha Pradhan v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3773 of 2013 Kashinath Pradhan @ Kasinath Pradhan & Ors.

....

Petitioner Mr. A.K. Swain, Advocate -versusState of Odisha & Ors.

....

Opposite Parties Mr. M.K. Balabantaray, AGA

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

14.11.2023 05.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. A.K. Swain, learned counsel for the Petitioner and Mr. M.K. Balabantaray, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. The present CRLMC has been filed inter alia challenging the order of cognizance taken in G.R. Case No. 191 of 2010 by the learned J.M.F.C., Daspalla vide order dtd.23.08.2011.

4. Learned counsel for the Petitioner in course of hearing contended that the dispute in between the Parties has been amicably settled and the informant as well as the injured are very much ready to settle the dispute by giving their evidence before the Court below in support of the compromise. It is accordingly contended that the Court below be directed to take evidence of the informant as well as the informant in support of the compromise and after taking such evidence, appropriate order be passed in the matter.

// 2 //

5. Mr. Balabantaray, learned Addl. Govt. Advocate has no serious objection to the course of action proposed by Mr. Swain, learned counsel for the Petitioner.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the CRLMC, directs the Petitioner to produce the informant and injured before the Court below to give their evidence in support of the compromise on 24th November, 2023 without fail. Learned Court below is directed to take evidence of the informant and injured on the said date and pass appropriate order thereafter with regard to disposal of the matter. Till 24th November, 2023, the interim order passed on 13.01.2014 shall continue.

7. The CRLMC is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-Nov-2023 11:07:14