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Orissa High CourtCRLMC/700/2012dismissed for defaultnonprosecution

Kumari Sujata Das v. State

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.700 of 2012 Kumari Sujata Das.

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Petitioner -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

30.03.2022 09.

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 F.I.R. in B.S.L. P.S. Case No.93 of 2011, corresponding to G.R. Case No.890 of 2011 pending on the file of the learned S.D.J.M., Dhenkanal.

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. Present status of the investigation is also not known. As such, the petitioner appears to be a recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands dismissed for non-prosecution.

// 2 // 4.

However, this Court observes that if in the meanwhile charge-sheet has been filed and cognizance has been taken, the petitioner may challenge the same by filing appropriate petition before the appropriate forum, if so advised.

5.

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

(S. Pujahari) Judge MRS