Charan Mallik v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2153 of 2010 Charan Mallik and another ....

Petitioners versusState of Orissa and others ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

03.03.2022 05.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash to the F.I.R. in Rajkanika P.S. Case No.96 of 2009, corresponding to G.R. Case No.498 of 2009, pending in the Court of J.M.F.C., Pattamundai.

3.

Since the F.I.R. allegation reveals prima facie a cognizable case, this Court is not inclined to quash the aforesaid F.I.R. on the ground that the Petitioners No.1 and 2 are married in the meanwhile. 4.

In the meanwhile, 11 years have been elapsed. The present status of the investigation is not known to the learned counsel for the Petitioners. However, if the case is still subsisting and charge sheet in this case has been filed, the Petitioners may seek quashment of the cognizance/charge, if framed, if so advised.

5.

With such liberty, this petition is disposed of being dismissed. (S. Pujahari) Judge DA