Malati Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.275 of 2022 Malati Malik ....

Petitioner Mr. A.R. Panda, Advocate -VersusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

24.11.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Instant petition is filed by the petitioner for a direction to the learned J.M.F.C.((R), Balasore to conclude the trial in respect of C.T. Case No.437 of 2019 corresponding to Khantapada P.S. Case No.122 of 2018 on the grounds stated therein. 3.

Perused the copy of the FIR which is at Annexure-1 4.

Mr. Panda, learned counsel for the petitioner submits that in the meantime, chargesheet is filed, a copy of which is at Annexure-2 but then since 2019, charge is not yet framed and therefore, a direction may be issued to the leaned court below to frame the charge and commence the trial at the earliest. Mr. Praharaj, learned counsel for the State submits that appropriate order may be passed by this Court considering the prayer of the petitioner.

5.

Mr. Panda, learned counsel for the petitioner submits that the chargesheet was filed on 19th February, 2019 and till date, the learned court below has not framed the charge. 6.

The petitioner is the informant in the aforesaid case arising out of Khantapada P.S. Case No.122 of 2018 pending in the court of learned J.M.F.C.(R), Balasore in C.T. Case No.437 of 2019. 7.

Considering the limited prayer, the CRLMC stands disposed of with a direction to the learned J.M.F.C.(R), Balasore to immediately framed the charge on the date fixed and commence the trial as soon as possible and expedite its closure preferably within a period of eight months from the date of receipt of copy of the above order.

8.

copy of the aforesaid order be immediately communicated to the learned court below for compliance. 9.

Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU