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Orissa High CourtCRLMC/3954/2011dismissed for defaultnonprosecution

Santosh Kumar Nanda v. State

2022-03-30Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3954 of 2011 Santosh Kumar Nanda.

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Petitioner -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

30.03.2022 06.

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 F.I.R. in Kamakhyanagar P.S. Case No.148 of 2007, corresponding to G.R. Case No.534 of 2007, pending on the file of the learned S.D.J.M., Kamakhyanagar. 3.

No one appears for the petitioner 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. Present status of the investigation is also not known. As such, the petitioner appears to be a recalcitrant litigant and has lost interest in the present litigation. Hence, this CRLMC stands dismissed for nonprosecution.

// 2 // 4.

However, this Court observes that if in the meanwhile charge-sheet has been filed and cognizance has been taken, the petitioner may challenge the same by filing appropriate petition before the appropriate forum, if so advised.

5.

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

(S. Pujahari) Judge MRS