Bijaya Ku.Rath v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.719 of 2011 Bijay Kumar Rath.

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Petitioner -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 07.

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 order of cognizance dated 06.11.2010 passed by the learned S.D.J.M., Khurda in G.R. Case No.833 of 2010 taking cognizance of the offences under Sections 376(1), 498, 493 and 323 of IPC.

3.

No one appears for the petitioner at the time of call. 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 petitioner appears to be recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands dismissed

// 2 // for non-prosecution. Interim order dated 18.07.2011 passed by this Court stands vacated.

4.

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

5.

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

(S. Pujahari) Judge MRS