Udaya Ku.Sahoo v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.229 of 2017 Udaya Kumar Sahoo ....

Petitioner None -versusState of Odisha ....

Opposite Party Mr. Iswar Mohanty, ASC

CORAM:

JUSTICE M.S. RAMAN

ORDER

11.11.2022 Order No.

03.

1.

Challenging is laid to the order of N.B.W. dated 5th December, 2011 passed in G.R. Case No.813 of 2002 by the learned J.M.F.C., Chandikhole, by the Petitioner under Section 482 Cr.P.C. with a prayer to quash the said order. 2.

Perusal of the order dated 17th April, 2003 (Annexure-2) reveals that Investigating Officer had submitted the charge sheet under Section 509/353/506, IPC against the Petitioner (Udaya Kumar Sahoo) and the learned J.M.F.C., Chandikhole had taken cognizance on the said date.

3.

Copy of Order-sheet vide Annexure-2 reveals that since the accused person remained absent on 5th December, 2011, N.B.W. was issued. Long thereafter, on 25th October, 2016, the learned J.M.F.C. Chandikhole had passed the following order:- "Accused is absent. NBW has not yet been executed. Remind the IIC of the concerned P.S. Put up on 8th April, 2017 for production."

// 2 // 4.

Mr. Iswar Mohanty, learned Additional Standing Counsel submitted that prayer of the Petitioner does not reveal quashing of the subsequent order passed in 2016 whereas only prayer is made in the petition to quash the order dated 5th December, 2011 and by efflux of time, the matter would have been proceeded further substantially.

5.

Keeping in view such submission and taking note of fact of non-appearance of learned counsel for the Petitioner at the time of call today, it is construed that the Petitioner is not interested to pursue the matter. Accordingly, the CRLMC is disposed of. 6.

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

(M.S. Raman) Judge Laxmikant