Bhagaban Rath vs Gagan Bihari Ojha And Another
2022 Latest Caselaw 7222 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 2459 of 2018


            Bhagaban Rath                             ....              Petitioner
                                  M/s. Choudhury Pranat Kumar Mishra, Advocate

                                             -Versus-


            Gagan Bihari Ojha and Another               ....        Opposite Parties
                                                  Mr. Smruti Ranjan Pati, Advocate


                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK

                                           ORDER

08.12.2022 Order No.

07. 1. Heard learned counsel for the petitioner. None appears for opposite party No.1 at the time of call.

2. Learned counsel for the petitioner submits that for the self- same cause of action, two complaints had been filed and disposed of and therefore, the present complaint in !CC No.34 of 2018, which is pending before the learned J.M.F.C. (Rural), Cuttack, cannot be sustained in law. However, the court is of the view that the matter should be adjourned to a future date as no one represents opposite party No.1.

3. List this matter on 17th January, 2023.

(R.K. Pattanaik) Judge

I.A. No.2863 of 2022

08. 1. The present IA is filed for stay of the proceeding in 1.C.C.

No.34 of 2018 pending in the file of learned J.M.F.C.(Rural), Cuttack.

2. It is submitted that there was an interim order in the case since 2018 but it has expired on account of the judgment of the Apex Court in the case of Asian Resurfacing Road Agency Vrs. Central Bureau of Investigation reported in (2018) 16 SCC 299 and therefore, it is required to be revived at least till disposal of CRLMC.

3. Considering the submission of learned counsel for the petitioner, the I.A. stands allowed. Interim order dated 28th November, 2018 is to continue till the next date.

(R.K. Pattanaik) Judge U.K.Sahoo