Deepak Ku.Sethy v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.466 of 2017 Deepak Kumar Sethy ....

Petitioner None -versusState of Odisha ....

Opposite Party Mr. Ishwar Mohanty, ASC

CORAM:

JUSTICE M.S. RAMAN Order No.

ORDER

18.11.2022 03.

1. Challenging the order dated 19th May, 2016 passed by the learned S.D.J.M., Kendrapara in G.R. Case No.1323 of 2013 (State v. Guluri Sethy & Ors.), the Petitioner, Deepak Kumar Sethy, approached this Court by way of filing this petition under Section 482 of the Cr.P.C. in connection with Marshaghai P.S. Case No.278/2013 dated 31st October, 2013 under Sections 306/504/34 of the I.P.C.

2. Reading of said order reveals that charge sheet bearing No.65 dated 31st March, 2016 under Section 306/504/34 of I.P.C. was furnished to the Court and the learned S.D.J.M. found prima facie evidence available against the five accused persons, one amongst them is the Petitioner, Deepak Sethy. As Deepak Sethi remained absconding, N.B.W was issued on the prayer of Investigating Officer.

3. Against the said order, the present petition has been filed for its quashment of cognizance dated 19th may, 2016 as also criminal proceeding in G.R.

Case No.1323 of corresponding to Marshaghai P.S. Case No.278 of 2013 pending in the files of learned S.D.J.M., Kendrapara.

// 2 //

4. This Court while issuing notice on 8th May, 2017, directed for stay of execution of N.B.W. in the aforesaid case.

5. None appeared for the Petitioner at the time of call. Since none appeared for the Petitioner, it is construed that the Petitioner is not interested to pursue the matter.

6. Accordingly, the CRLMC is dismissed.

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

8. Issue urgent certified copy as per rules.

(M.S. Raman) Judge Laxmikant