Laxminarayan Sharma v. Mahabir Agarwal

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1972 of 2011 Laxminarayan Sharma ....

Petitioner versusMahabir Agarwal ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

11.04.2022 05.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the criminal proceeding in I.C.C. No.639 of 2009, pending in the Court of S.D.J.M., Panposh, Rourkela.

3.

Learned counsel for the Petitioner submits that he is unable to trace out the Petitioner in spite of his best effort and, as such, having no update instruction, he is unable to advance the submission.

4.

Considering the submission of the learned counsel for the Petitioner and the f act that the case is the year 2011, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter. 5.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 6.

However, if the case is still pending and charge sheet in the aforesaid case has been filed, the Petitioner may seek quashment of the cognizance/charge, if framed, if so advised. 7.

Interim order dated 27th July, 2011 passed by this Court in Misc. Case No.1264 of 2011 stands vacated. 8.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA