Murari Mohan Pattnaik v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1771 of 2016 Murari Mohan Pattnaik & another ....

Petitioners In person -versusState of Orissa ....

Opp. Party Mr.P.Tripathy, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

21.09.2022 10.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

No one appears today at the time of call. Further the petitioners by way of an application U/S. 482 of Cr.P.C. seek to quash the order passed on 08.07.2010 by learned S.D.J.M.(Sadar), Cuttack in G.R. Case No.

of taking cognizance of offences U/Ss.

498(A)/304(B)/114/406/34 of I.P.C. but by no means the further proceeding of the case has been stayed by this Court in the aforesaid CRLMC and in the meantime twelve years have already elapsed after passing of impugned order, so also fifteen years have elapsed after registration of the F.I.R. It, therefore, seems that the petitioners are not interested to prosecute the matter. This Court, also entertains a reasonable doubt as to whether the cause of action for the impugned order still survives for the petitioners.

3.

In the above circumstance especially when cognizance of

// 2 // heinous and serious offences as stated above have already been taken around twelve years back and more so when no one has appeared today at the time of call, this Court considers it undesirable to keep the CRLMC pending further. Hence, the CRLMC is dismissed. ( G. Satapathy) Judge Kishore