Nrusingha Ch.Barik v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2471 of 2013 Sri Nrusingha Charan Barik ....

Petitioner versusState of Orissa and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

25.03.2022 06.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the criminal proceeding in G.R. Case No.473 of 2013, arising out of Tirtol P.S. Case No.119 of 2013, pending in the Court of S.D.J.M., Jagatsinghpur.

3.

Learned counsel for the Petitioner submits that he has no instruction in the matter from his client. 4.

Learned counsel for the State submits that charge sheet in this case has been filed under Sections 294, 506 and 323 of the I.P.C.

5.

Considering the submission of the learned counsel for the Petitioner and the fact that the case is the year 2013, this Court is of the view that the Petitioner is a recalcitrant litigant and does not want to proceed with the matter.

// 2 // 6.

Hence, this CRLMC stands dismissed for nonprosecution. 7.

However, liberty is given to the Petitioner 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 12th February, 2014 passed by this Court in Misc. Case No.1669 of 2013 stands vacated. 9.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA