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Orissa High CourtCRLMC/1365/2012dismissed for defaultnonprosecution

Sribatsa Mohapatra v. State

2022-03-22Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1365 of 2012 Sribatsa Mohapatra ....

Petitioners versusState of Orissa ad another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

22.03.2022 04.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order of cognizance dated 24th March, 2012 passed by the learned Sessions Judge-cum-Special Judge, Balasore in Special (E) Case No.36 of 2011.

3.

No one appears on behalf of the Petitioner at the time of call.

4.

The case is of the year 2012.

5.

As such, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter.

6.

Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 7.

However, liberty is given to the Petitioner to raise all the contentions at the time of framing of charge, if charge has not been framed in the aforesaid case and in that event, the court concerned shall consider the same in accordance with law.

8.

Interim order dated 15th May, 2012 passed by this Court stands vacated.

9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA