Narmada Behera vs State Of Odisha
2023 Latest Caselaw 4803 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No.702 of 2020

      Narmada Behera                       ....                         Petitioner
                                                                           None
                                        Versus
      1.State of Odisha
      2.Pramodini Behera                   ....                 Opposite Parties
                                                            Mr.H.M.Dhal, AGA
                                                                   (for O.P.1)
                       CORAM:
                           JUSTICE SAVITRI RATHO

                                        ORDER

Order No. 01.05.2023

04. (Through hybrid mode)

1. None appears for the petitioner when the matter is called.

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner praying for quashing the F.I.R. and consequential proceeding so far as the petitioner is concerned in G.R. Case No.59 of 1997 arising out of Phulbani Town P.S. Case No.27 of 1997, pending in the Court of learned S.D.J.M., Phulbani. This case has been tagged with CRLMC No.684 of 2020 which has been disposed of today as infructuous.

3. Perusal of the application reveals that the petitioner was aged about 45years at the time of filing of the CRLMC. The trial was proceeding under Sections 498-A/506/34 of IPC read with Sections 4 and 6 of the D.P. Act.

4. Mr.H.M.Dhal, learned Additional Government Advocate brings to my notice to paragraph-8 of the petition, wherein it has been stated that

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the order of the learned trial Court allowing the application under Section 311 Cr.P.C. and recall of P.W.2 had been challenged before the learned Sessions Judge, Phulbani but the same was dismissed vide judgment dated 01.09.2009 by the learned Adhoc Addl. Sessions Judge, Fast Track Court No.11. In paragraph-9 of the petition, it had been stated that the son of the petitioner had filed CRLMC No.3246 of 2009 where vide order dated 05.02.2019, without interfering the impugned order, this Court had directed the prosecution to serve a copy of the documents to be exhibited and give the defence and opportunity for cross-examination as well as to adduce defence evidence.

5. Be that as it may, as none appears for the petitioner when the matter is called and the matter is pending since 2020, in all probability the trial must have completed by now.

6. Hence, the CRLMC is dismissed, as infructuous.

............................

(Savitri Ratho) Judge Bichi

BICHITRA Digitally signed by BICHITRANANDA NANDA SAHOO Date: 2023.05.01 SAHOO 21:30:25 +05'30'