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2022 DAILYLAW 1013 (ORI)

BALARAM MOHAPATRA v. STATE OF ODISHA

CRLMP/2362/2022 · 2026-06-29

Miss Savitri Ratho

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.2362 of 2022 1. Balaram Mohapatra 2. Sarojini Mohapatra …. Petitioners None -versus- 1. State of Odisha 2. Durga Charan Mohapatra …. Opposite Parties Mr. Ashok Kumar Apat, Additional Government Advocate (For Opposite Party No.1) None (For Opposite Party No.2) CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 29.06.2026 03. (Through Hybrid Mode) 1. None appears for the Petitioners and the Opposite Party No.2. 2. The CRLMP has been filed for quashing of the FIR in Lingaraj PS Case No.274 dated 27.10.2022 as well as the proceedings in CT No.655 of 2022 pending in the Court of learned SDJM, Bhubaneswar. 3. Considering the relation between the Petitioners and Opposite Party No.2 and observing that there is a possibility of amicable settlement between them, notice on the question of admission had been issued on 06.01.2023. On 05.05.2023, this Court found that notice was sufficient on the informant-Opposite Party No.2 on 18.01.2023 but none had appeared on behalf of the Opposite Party No.2. Learned State Counsel had been directed to obtain instructions on the said date. Although more than three years have elapsed in the meanwhile, instructions have not yet been obtained by the learned State Counsel. 4. The proceedings in CT Case No.655 of 2022 have not been stayed by this Court. As more than three and half years have elapsed since FIR has been registered and no one appears on behalf of the Petitioner when the matter is called, it can safely be presumed that in the meanwhile CT Case no.655 of 2022 has been disposed of. 5. Hence, the CRLMP is dismissed. 6. Dismissal of the CRLMP will not be a bar for the Petitioners to challenge the proceedings if there is any fresh cause of action. (Savitri Ratho) Judge RKS