Maheswar Mahanta v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1444 of 2011 Maheswar Mahanta & others.

....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 08.

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 order of cognizance dated 23.08.2010 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No.3380 of 2009 taking cognizance of the offences under Sections 147, 341, 294, 307, 332, 336, 337, 431, 506/149 of IPC, Section 3 of the PDPP Act, Section 7 of the Criminal Law Amendment Act and Section 99 of the OUP Act. 3.

No one appears at the time of call. This case is of the year 2011 and one decade has been passed from the date of filing of this case. As such, the petitioners appear to be recalcitrant litigants and have lost interest in the present

// 2 // litigation. Hence, this CRLMC stands dismissed for nonprosecution. Interim order dated 07.07.2011 passed by this Court stands vacated.

4.

However, liberty is given to the petitioners 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