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Orissa High CourtCRLMC/3036/2022disposed off

Saroj Kumar Muduli v. State Of Odisha

2022-11-18Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3036 of 2022 Sarog Kumar Mudula ....

Petitioner Mr. S.P.Dash, Advocate -VersusState of Odisha & Another ....

Opposite Parties Mr. T.K.Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.11.2022 01.

1.

Heard learned counsel for the petitioner and learned counsel Order No.

for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed with a limited prayer for expeditious trial and disposal of Criminal Appeal No. 05 of 2020 pending before the learned court of J.M.F.C., Nimapara on the grounds stated therein.

3.

Learned counsel for the petitioner submits that despite repeated requests, hearing of the appeal could not be commenced and therefore, this Court has been approached for a specific direction in that regard.

4.

Considering the above prayer of the learned counsel for the petitioner and the fact that against an order conviction of under Section 138 N.I.Act, the petitioner has approached the learned Sessions court which is pending since 2020, this Court is of the view that the

learned court below should be directed to take up hearing of the appeal at the earliest and that would serve the purpose. 5.

Accordingly, it is ordered.

6.

Consequently, the CRLMC stands disposed of with a direction to the learned Additional Sessions Judge, Nimapara to take up the hearing of Criminal Appeal No. 05 of 2020 as soon as possible and ensure its early disposal preferably within a month from the date of receipt of a copy of this order.

7.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita