Kasinath Moharana v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3459 of 2011 Kasinath Moharana & another.

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Petitioners -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 09.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioners in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have prayed for quashing of the order of cognizance dated 08.07.2011 passed by the learned S.D.J.M.(S), Cuttack in 1.C.C. Case No.426 of 2011 taking cognizance of the offences under Sections 294 and 506/34 of IPC.

3.

No one appears for the petitioners at the time of call. This case is of the year 2011 and one decade has already been passed from the date of filing of this case. As such, the petitioner appears to be recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands dismissed

// 2 // for non-prosecution. Interim order dated 30.09.2011 passed by this Court stands vacated.

4.

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

5.

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

(S. Pujahari) Judge MRS