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Orissa High CourtCRLMC/1416/2011dismissed for defaultnonprosecution

Kanhu C.Dutta@Kanha v. Rabindra Ku.Rana

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1416 of 2011 Kanhu Charan Dutta @ Kanha Dutta.

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Petitioner -versusRabindra Kumar Rana & others.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 06.

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 13.01.2011 passed by the learned J.M.F.C., Baramba in G.R. Case No.104 of 2010 taking cognizance of the offences under Sections 341, 294, 323, 307, 379 and 506 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 litigants and has lost interest in the present litigation. Hence, this CRLMC stands

// 2 // dismissed for non-prosecution. Interim order dated 29.06.2011 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