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Orissa High CourtCRLMC/5065/2011dismissed for defaultnonprosecution

Gangadhar Behera v. State

2022-03-23Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5065 of 2011 Gangadhar Behera & others.

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Petitioners -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

23.03.2022 05.

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 05.07.2011 passed by the learned J.M.F.C., Soro in G.R. Case No.193 of 2011 taking cognizance of the offences under Sections 147, 148, 448, 294, 354, 506, 323 and 149 of IPC and Section 3 of the S.C. & S.T. (PoA) Act.

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 petitioners appear to be recalcitrant litigants and have lost interest in the present litigation. Hence, this CRLMC stands

// 2 // dismissed for non-prosecution. Interim order dated 09.10.2012 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 charge has not been framed in the meanwhile.

5.

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

(S. Pujahari) Judge MRS