← Library
Orissa High CourtCRLMC/752/2011dismissed for defaultnonprosecution

Ajit Ku.Nayak v. State

2022-03-14Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.752 of 2011 Ajit Kumar Nayak.

....

Petitioner -versusState of Odisha & others.

....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 08.

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 proceeding in G.R. Case No.1315 of 2007, arising out of Brahmagiri P.S. Case No.162 of 2007 pending in the court of the learned S.D.J.M., Puri. 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 for non-prosecution. Interim order dated 16.09.2011 passed by this Court stands vacated.

// 2 // 4.

However, liberty is given to the petitioner to raise all such contentions at the appropriate stage before the trial Court, if the case is pending.

5.

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

(S. Pujahari) Judge MRS