Kritiranjan Mohanty v. Gajendra Mohapatra

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3561 of 2015 Kritiranjan Mohanty ....

Petitioner Mr. Basanta Kumar Das, Advocate and Mr. Dharanidhar Nayak, Sr. Advocate -VersusGajendra Mohapatra ....

Opposite Party Mr. Basudev Mishra, Advocate

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

19.09.2022 Order No.

07.

1.

Heard Mr. Dharanidhar Nayak, learned Senior Advocate along with Mr. B.K. Das, Advocate, learned counsel for the petitioner and Mr. Basudev Mishra, learned counsel for the opposite party. 2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner assailing the order of cognizance dated 7th April, 2015 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No.858 of 2015 on the grounds stated therein.

3.

However instead of pressing the matter on merits, learned Senior Advocate Mr. D. Nayak for the petitioner submits that the petitioner wants to withdraw the case with a liberty to raise all the grounds at the time of framing of charge and the same may be allowed.

4.

Learned counsel for the opposite party submits that the case is pending since 2015 and was held up since then and therefore prays

that a direction may be issued to the court below for its early disposal.

5.

In view of the above submissions, the CRLMC stands disposed of granting liberty to the petitioner to raise all the grounds as are available to him in law at the time of framing of charge. It is further submitted that the court below shall ensure expeditious disposal of ICC Case No.858 of 2015 preferably within a period of four months from the date of receipt of a copy of this order. 6.

Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge U.K.Sahoo