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Orissa High CourtCRLMC/3720/2011dismissed for defaultnonprosecution

Bibhuti Bhusan Mishr v. State

2022-03-16Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3720 of 2011 Bibhuti Bhusan Mishra & others.

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Petitioners -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

16.03.2022 07.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioners in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have prayed for quashing of the F.I.R. in Agarpara P.S. Case No.15 of 2011 corresponding to C.T. Case No.404 of 2010 pending on the file of the learned S.D.J.M., Bhadrak.

3.

No one appears for the petitioners 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. Present status of the investigation is also not known. As such, the petitioners appear to be recalcitrant litigants and have lost interest in the present litigation. Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 4.

However, this Court observes that if in the meanwhile charge-sheet has been filed and cognizance has been taken, the petitioners may challenge the same by filing appropriate petition before the appropriate forum, if so advised. 5.

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

(S. Pujahari) Judge MRS