Rajkishore Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2296 of 2022 Rakishore Behera ....

Petitioner Ms. M. Samal, Advocate -VersusState of Orissa and Another ....

Opposite Parties Mr. S. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.12.2022 Order No.

04.

1.

Heard learned counsel for the respective parties. 2.

Learned counsel for opposite party No.2 submits that the matter has been compromised and the informant/victim is married elsewhere.

3.

Learned counsel for the petitioner is present. 4.

Prayer is for recall and further cross-examination of P.W.1, namely, victim-opposite party No.2 which was disallowed by the learned court below while disposing of an application Section 311 Cr.P.C. In fact, the said order of rejection of recall and further crossexamination of P.W.1 is under challenge in the present case. 5.

Considering the fact that the parties are compromise, the prayer is made for quashing of the criminal proceeding which, however, cannot be allowed since the challenge is against the rejection of application filed under Section 311 Cr.P.C.

6.

Consequently, CRLMC stands disposed of with a liberty granted to the petitioner for filing an application with appropriate relief.

7.

A certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU