Laxmidhar Behera v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3373 of 2011 Laxmidhar Behera and others ....

Petitioners versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

16.03.2022 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 Petitioners with a prayer to quash the order dated 27th June, 2011 passed by the learned J.M.F.C., Baramba in G.R. Case No.83 of 2009, taking cognizance for the offence under Sections 363, 366(A), 294, 506, 109 read with Section 34 of the I.P.C. and issuing warrant against the Petitioner No.1 and 2.

3.

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

4.

The case is of the year 2011.

5.

As such, this Court is of the view that the Petitioners are recalcitrant litigants and do not want to proceed with the matter.

// 2 // 6.

Hence, this CRLMC stands dismissed for nonprosecution. 7.

However, liberty is given to the Petitioners 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 28th September, 2011 passed by this Court in Misc. Case No.2223 of 2011 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA