Baby @ Satyajit @ Biswajit vs State Of Odisha And Others
2022 Latest Caselaw 1783 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 3475 of 2012

                 Baby @ Satyajit @ Biswajit        ....               Petitioners
                 Mishra and others                       Mr.P.K.Mohanty,Advocate

                                            -Versus-

                 State of Odisha and others        ....              Opposite Parties
                                                             Mr. P.K.Pattnaik, AGA


                          CORAM:
                          JUSTICE R.K.PATTANAIK

                                          ORDER

Order No.                               11.03.2022


  07.       1.        Learned counsel for the petitioners seeks adjournment on

the ground of some personal difficulty.

2. None appears for Opposite Party No.2.

3. On the last occasion, this Court had directed the learned counsel for the State to take instruction with regard to the affidavit filed by Opposite Party no.2 in the year 2013 stating about a compromise between both the sides which is yet to be complied with.

4. For a final hearing and disposal of the CRLMC, list this matter on 25th March, 2022, the date on which, no further adjournment shall be granted.

(R.K.Pattanaik) Judge

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I.A. No. 219 of 2022

08. 1. Present application is filed by the Petitioners to stay further proceeding in C.T. Case No. 173 of 2008 pending in the file of learned J.M.F.C., Narasinghpur till disposal of CRLMC on the grounds stated therein.

2. Learned counsel for the Petitioners submits that the learned court below vacated the stay in view of the Supreme Court's judgment in Asian Resurfacing of Road Agency Pvt. Ltd. & Another Vrs. CBI reported in (208) 16 SCC 299 and now the case is posted for their appearance. It is further submitted that the learned court below has, in the meantime, issued warrant of arrests for causing production of the Petitioners on the date fixed and considering the fact that present CRLMC has been filed challenging the order of cognizance, if no interim protection is provided, it would become infructuous.

3. Heard Mr. P.K.Pattnaik, learned AGA for the State.

4. Regard being had to the submissions of the learned counsel for the parties, the Court is of the considered view that till the disposal of the CRLMC, there should be an interim order of stay of the proceeding in C.T. Case No. 173 of 2008 only till the next date.

5. Thus, as an interim measure, further proceeding in C.T. Case No. 173 of 2008 pending in the file of learned J.M.F.C., Narasinghpur, Cuttack is stayed till 25th March, 2022, the date on

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which, there shall be a peremptory hearing for final disposal of CRLMC without any adjournment being granted.

(R.K.Pattanaik) Judge