Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 2916 of 2015
Piyushdhari Mohanty …..
Petitioner Mr. D. B. Rath, Advocate on behalf of Mr. D. Pnada, Advocate -versus- State of Odisha and another
…..
Opp. Parties Mr. Raj Bhusan Dash, A.S.C.
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
ORDER 03.02.2026
Order No.
16.
(Through hybrid Mode)
1. Mr. Mr. D. B. Rath, learned counsel prays for a pass over on behalf of Mr. D. Panda, learned counsel for the petitioner.
2. On perusal of the record it appears that the CRLMC has been filed for quashing the order dated 28.01.2015 taking cognizance of the offence under Section 447/427/294/506 of the IPC against the petitioner.
3. On 27.03.2023, when the matter was listed, this Court has observed as follows;
“1. This Court has never granted any stay of the proceedings in the last eight years and yet Mr. Devashis Panda, learned counsel for the Petitioner, states that nothing is happening in the trial Court.
2. A report be called for forthwith from S.D.J.M., Bhubaneswar District-Khurda regarding the status of G.R. Case No.4569 of 2008.
3. List before the roster Bench along with the report on 10th May, 2023.”
4. Pursuant to the said order, report dated 26.04.2023 had been received from the learned SDJM, Bhubaneswar, where it had been stated that after careful scrutiny of the concerned register, it is found that G.R. 4569 of 2008 has been withdrawn by the prosecution on
12.12.2015. On further correspondence to the Judge in-Charge, Record Room, Bhubaneswar, it is ascertained from the letter received from him that the case record of G.R. 4569 of 2008 which had been withdrawn by the prosecution on 12.12.2015 has already been destroyed vide order No. 03 dated11.08.2021 as per Rule No. 223 & 228 of G.R. & C.O. (Criminal) Vol.-l.
4. In view of the above development, nothing remains to be decided in the CRLMC, which is accordingly disposed of.
(Savitri Ratho)
Judge Subhalaxmi
SAHOO