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Orissa High CourtCRLMC/2403/2011dismissed for defaultnonprosecution

Dixit Kumar Mahanta v. State

2022-03-15Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2403 of 2011 Sri Dixit Kumar Mahanta ....

Petitioner versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

15.03.2022 12.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the proceeding in G.R. Case No.583 of 2011, arising out of Kendrapara Town P.S. Case No.75(5) of 2011, pending in the Court of S.D.J.M., Kendrapara.

3.

No one appears on behalf of the Petitioner when the matter is called. Mr. Deepak Kumar Sahoo, learned counsel appearing for the Opposite Party No.2 is present. 4.

The case is of the year 2011.

5.

As such, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter.

6.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 7.

However, if the case is still subsisting and charge sheet in the aforesaid case has been filed, the Petitioner may seek quashment of the cognizance/charge, if framed, if so advised. 8.

Interim order dated 10th August, 2011 passed by this Court in Misc. Case No.1666 of 2011 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA