Asit Ku.Das v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3672 of 2016 Asit Kumar Das ....

Petitioner Mr. G.Rath Advocate -versusState of Orissa ....

Opp. Party Mr.S.R.Roul, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

22.09.2022 06.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

None appears for the petitioner at the time of call. 3.

The petitioner by way of this application U/S. 482 of Cr.P.C seeks to quash the order dated 01.07.2016 passed by learned J.M.F.C.(R), Cuttack in G.R.Case No. 385 of 2011 issuing N.B.W. against the petitioner as well as the criminal proceeding. It is evident from the record that this Court by an order passed on 19.12.2016 has stayed the execution of N.B.W.A against the petitioner but no stay has been granted from proceeding further in this case and in the meantime, six years have already elapsed from passing of the impugned order. This Court, therefore, entertains a reasonable doubt as to whether the cause of action still survives for the petitioner. 4.

In view of such development in the matter, the CRLMC is dismissed for non-prosecution.

( G. Satapathy) Judge

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