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Orissa High CourtCRLMC/2666/2011dismissed for defaultnonprosecution

Radhakant Behera@Lit v. State

2022-05-04Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2666 of 2011 Radhakant Behera @ Litu Behera & others.

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Petitioners -versusState of Odisha & others.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

04.05.2022 06.

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 F.I.R. in Soro P.S. Case No.124 of 2011, corresponding to C.T. No.249 of 2011, pending on the file of the learned J.M.F.C., Soro.

3.

No one appears for the petitioners at the time of call. This case is of the year 2011 and more than 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 petitioners appear to be recalcitrant litigants and have lost interest in the present litigation. Hence, this CRLMC stands

// 2 // dismissed for non-prosecution. Interim order dated 15.09.2011 passed by this Court stands vacated.

4.

However, this Court observes that if in the meanwhile charge-sheet has been filed and cognizance has been taken, the petitioners 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