Sasmita Mohapatra v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3208 of 2016 Sasmita Mohapatra ....

Petitioner None

Versus

State of Odisha ....

Opposite Party Mr. D.K.Mohanty, ASC

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

28.10.2022 03.

(Through hybrid mode)

1. This matter had been called in the first hour and was passed over as the learned counsel for the petitioner did not appear. When it is called in the second hour, i.e., after recess, none appears on behalf of the petitioner.

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner challenging the order of cognizance dated 18.1.2016 and the order dated 26.07.2016, issuing N.B.W. against the petitioner in T.R. No.25 of 2014 arising out of Tangi (Khurda) P.S. Case No.347 of 2014 passed by the learned 1st Additional Sessions Judgecum-Special Judge under N.D.P.S. Act, Khurda.

3. This matter had been filed on 5.10.2016 and had been listed on 23.11.2016 on which date, the learned Additional Standing Counsel had been directed to obtain the case diary.

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4. Mr. D.K.Mohanty, learned Additional Standing Counsel submits that the case diary has been received and referring to the case diary he submits that the petitioner is the owner of the vehicle in question.

5. It appears that the co-accused, Kuna Das had approached this Court in BLAPL No. 9722 of 2017 and while dismissing the prayer for bail in the said case, vide order dated 26.06.2018, this Court had directed for disposal of the trial within a period of six months.

6. This CRLMC application has been filed on 05.10.2016 and more than six years have elapsed in the meanwhile. Trial must be over by now

7. The CRLMC is therefore dismissed for non-prosecution.

8. Urgent certified copy of this order be granted on proper application.

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(Savitri Ratho) Judge Bichi