Raveen Jhunjhunwala v. U.K.Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3588 of 2011 Raveeen Jhunjhunwalla and Another ....

Petitioners Mr. Devashis Panda, Advocate -versusU.K. Jena ....

Opposite Party None

CORAM:

THE CHIEF JUSTICE

ORDER

05.08.2022 03.

1. The Petitioners are aggrieved by the rejection by the SDJM Order No.

Panposh, Rourkela of the application made by the Petitioners under Section 205 Cr PC for exemption from appearance in 2(c) CC Case No.53 of 2011.

2. This Court on 1st November, 2011 stayed the further proceedings in 2(C) CC Case No.53 of 2011. That stay order has continued for almost 11 years now. Obviously, the contingency necessitated the Petitioners having to make the above application cannot be said to have continued for 11 years now. Therefore, the Court directs as under:

(i) On 12th September, 2022 the above 2(C) CC Case No.53 of 2011 shall be listed before the learned S.D.J.M., Panposh at Rourkela and both the Petitioners will appear there on that date.

(ii) It will be open to the Petitioners to apply afresh for exemption from appearance on future dates thereafter by filing fresh applications under Section 205 Cr PC.

3. The interim order is accordingly vacated. The petition is disposed of.

4. The Superintendent of the concerned Branch is directed to immediately communicate this order to the concerned Subordinate Court.

(Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.