Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1537 of 2009
1.Harish Chandra Dash
2. Golak @ Golak Bihari Das
3. Sr. K. Prasad
…..
Petitioners Mr. Radharaman Dasnayak, Advocate on behalf of Dr. Gangadhar Tripathi, Advocate -versus- The State and another …..
Opp. Parties Mr. S. J. Mohanty, A.S.C.
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
ORDER 29.01.2026
Order No.
09.
(Through hybrid Mode)
1. Mr. R. Dasnayak, learned counsel submits that he has sent a post card to the petitioner and there has been no response for which he may be granted some time to contact him.
2. It is expected that when a counsel is trying to contact a litigant, a letter shall be sent by registered post (now speed post). Sending of a post card is of no consequence or is of no use.
3. Perused the status report dated 21.01.2026 of the learned SDJM, Puri, ICC Case No. 417 of 2008, where it is stated that on 22.12.2008, cognizance of offences punishable under Section 323/341/448/354/506/34 of the IPC was taken and process was issued against the accused persons. On 13.02.2009, the accused persons appeared through their counsel. On 03.03.2009, personal appearance of the accused persons had been dispensed with under Section 205 of the Cr.P.C and the record was transferred to the Court of the then learned JMFC, Puri fixing for prosecution evidence before charge. On 20.09.2010, proceeding of the case was adjourned
awaiting further intimation pursuant to the order dated 11.09.2009 of the Court passed in Misc. Case No. 1223 of 2009 arising out of CRLMC No. 1537 of 2009. Now, the case is adjourned to 03.02.2026 for evidence before charge.
4. Perusal of the order sheets in the case reveals that in Misc. Case No. 1223 of 2009 interim stay of further proceeding in I.C.C. Case No. 417 of 2008 pending in the court of learned S.D.J.M., Puri had been granted on 11.09.2009. Thereafter, the CRLMC was dismissed on 23.03.2017 as against Opposite Party No.2 pursuant to a peremptory order dated 15.04.2014 passed by this Court which had
directed that if requisites for issuance of admission and stay notice on Opposite Party No.2 with correct address shall not file within four weeks, the CRLMC shall stand dismissed against Opposite Party No.2.
5. Considering the report of the learned SDJM, Puri that the case is posted to 03.02.2026 for evidence before charge, I am not inclined to keep this CRLMC pending any further, especially when the case is of the year 2008 and it has remained pending before this Court for more than 15 years.
6. The CRLMC is accordingly disposed of.
7. The petitioner is at liberty to raise his contentions in the trial Court, if he is so advised.
8. Copy of this order be sent to the leaned SDJM, Puri forthwith.
(Savitri Ratho)
Judge Subhalaxmi
SAHOO