Sanjib Ku.Mohanty v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC NO. 3745 of 2016 Sanjib Kumar Mohanty ....

Petitioner Mr. P.C.Jena,Advocate.

-versusState of Orissa& others ...

.

Opp.Parties Ms.S.Patnaik,AGA

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

21.10.2022 04.

1. Learned counsel for the Petitioner is present. Order No.

2. Vide Order dated 14th October,2022, the learned counsel for the Petitioner had sought for time to take instruction in this case. Learned Counsel submits that the affidavit has been submitted by the Opposite Party No.3 (victim) in connection with the compromise reached between the parties.

3. Learned A.G.A submits that the status of the case could not be obtained.

4. Be that as it may, having regard to the fact that there is ample material against the accused-petitioner involving him in the offence under Section 363 Indian Penal Code, the compromise affidavit submitted on behalf of the victim subsequently might

// 2 // have relevance to the fact in issue, but cannot be accept on the face of the offence alleged and as such it is not desirable to quash the proceeding at this stage invoking the jurisdiction under Sec.482 of the Cr.P.C. The dispute requires adjudication. If the party so chooses, the point agitated herein may be taken during trial.

5. Keeping in view the age of the present petition, the matter being old, the learned Court below shall do well in disposing the case at the earliest preferably within a period of three months from the date of the framing of charge if not framed in the mean while, if there be no other legal impediment.

6. The CRLMC is accordingly disposed of.

(Chittaranjan Dash) Judge B.C.Mohanty