Shankara@Shankarsan v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1439 of 2011 Shankara @ Shankarsan Parida & another.

....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

O R D E R

14.03.2022 10.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioners in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have prayed for quashing of the order of cognizance dated 24.03.2011 passed by the learned J.M.F.C., Ranpur in G.R. Case No.251 of 2009 taking cognizance of the offences under Sections 341, 294, 506, 323, 325 and 307/34 of IPC, so also the consequential proceeding therein, on the ground of compromise.

3.

Heard the learned counsel for the petitioner. None appears for the opposite party nos.2 and 3 at the time of call.

// 2 // 4.

Learned counsel for the petitioner submits that he has no instruction in the matter.

5.

As it appears, this case is of the year 2011 and one decade has already been passed from the date of filing of this case. As such, the petitioners appear to be recalcitrant litigants and have lost interest in the present litigation. Hence, this CRLMC stands dismissed for non-prosecution. Interim order dated 23.03.2012 passed by this Court stands vacated. 6.

However, liberty is given to the petitioners to raise all such contentions at the time of framing of charge, if the charge has not been framed.

7.

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

(S. Pujahari) Judge MRS