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Orissa High CourtCRLMC/2824/2012dismissed for defaultnonprosecution

Maheswar Sahu v. Jagabandhu Hota

2022-04-25Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2824 of 2012 Maheswar Sahu.

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Petitioner -versusJagabandhu Hota.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

25.04.2022 04.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the order of cognizance dated 23.11.2011 passed by the learned S.D.J.M., Khurda in I.C.C. Case No.36 of 2011 taking cognizance of the offences under Sections 380 and 506/34 of IPC.

3.

No one appears for the petitioner at the time of call. This case is of the year 2012 and near about one decade has already been passed from the date of filing of this case. As such, the petitioner appears to be a recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands

// 2 // dismissed for non-prosecution. Interim order dated 28.09.2012 passed by this Court stands vacated.

4.

However, liberty is given to the petitioner to raise all such contentions at the time of framing of charge, if charge has not been framed in the meanwhile.

5.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS