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Orissa High CourtCRLMC/2510/2011dismissed for defaultnonprosecution

Damodara Patra v. State

2022-03-21Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2510 of 2011 Damodara Patra and another ....

Petitioners versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

21.03.2022 05.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the criminal proceeding initiated against them arising out of Purunakatak P.S. Case No.30 of 2011, corresponding to G.R. Case No.136 of 2011, pending in the Court of S.D.J.M., Boudh. 3.

No one appears on behalf of the Petitioners when the matter is called. However, learned counsel for the Opposite Party No.1-State is present.

4.

The case is of the year 2011.

5.

As such, this Court is of the view that the Petitioners are recalcitrant litigants and do not want to proceed with the matter.

6.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 7.

However, if the case is still pending and charge sheet has been filed, the Petitioners 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.1609 of 2011 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA