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2017 DAILYLAW 1533 (ORI)

BASANTA KUMAR DALAI v. STATE OF ORISSA

CRLMC/3111/2017 · 2026-02-27

Miss Savitri Ratho

body2017

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 3111 of 2017 1. Basanta Kumar Dalai 2. Bibhusita Dalai …. Petitioners None -versus- 1. State of Odisha 2. Kabita Kumar Mohapatra …. Opposite Parties Mr. Saroj Kumar Rout Additional Standing Counsel None (For O.P. No.2) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 27.02.2026 08. (Through hybrid mode) 1. The CRLMC has been filed challenging the order dated 13.11.2016 passed by the learned SDJM, Cuttack in G.R. Case No.2096 of 2015, taking cognizance of commission of offences under Sections 341, 323, 307, 294, 354, 379, 34 of the IPC. The Petitioners are the accused in the case. 2. None appeared on behalf of the Petitioners on 09.02.2026 for which the case was adjourned to 18.02.2026 in order to give one more chance to the learned counsel for the Petitioners and the Registry had been directed to call for a report from the learned SDJM (Sadar), Cuttack regarding present status in GR Case No.2096 of 2015. 3. Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 28-Feb-2026 20:15:05 Signature Not Verified 3. On 18.02.2026 also, none appeared on behalf of the Petitioners. On that date, this Court perused the report dated 16.02.2026 of the learned JMFC-IV (Cog. Taking), Cuttack where it was stated that the case was pending for appearance of the accused persons but no date has been mentioned in the report, for which the matter was adjourned to today and copy of the order- sheet was called for. 4. Perusal of the order-sheet reveals that on 16.09.2022 the case was posted to 03.02.2023. Thereafter the case was posted to 27.07.2023, 15.12.2023, 03.04.2024, 11.09.2024, 08.04.2025 08.07.2025, 28.10.2025 and thereafter on 24.02.2026 directing for issue of summons. 5. Since there is no appearance on behalf of the Petitioners, the case is dismissed for non-prosecution. 6. Copy of this order be sent to the learned JMFC-IV (Cog. Taking), Cuttack for taking necessary steps for proceeding in GR Case No.2096 of 2015, which is pending since more than ten years. (Savitri Ratho) Judge RKS