IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1005 of 2025 Peddina Kondala Rao …. Petitioner Mr. S. Dash (A), Advocate -versus- State of Odisha and others …. Opp. Parties Mr. R.B. Dash, Addl. P.P. CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 25.09.2025 01. 1. Heard learned counsel for the Petitioner and the State. 2. By means of this application, the Petitioner, the Petitioner seeks the indulgence of this Court for a direction to the learned Gram Nyayadhikari-cum-J.M.F.C., Kasinagar to initiate proceeding against the accused persons in I.c.C. No.3 of 2021 by order under Sections 82 and 83 Cr.P.C. 3. The background facts of the case are that the Petitioner moved the learned court of Gram Nyayadhikari-cum-J.M.F.C., Kasinagar registered as ICC No.3 of 2021. The learned court having taken the cognizance of offence under Sections 147/148/447/379/ 506/149 IPC issued process against the Opposite Party accused. As the Petitioner did not turn up pursuant to the order of the court, DW was issued and subsequent vide order dated 25.01.2024 the learned court process under Sections 82 and 83 Cr.P.C. However, the matter was carried for compliance till p. 2 29.04.2025 and finally the learned court transmitted the case record to the record room as per Rule 326 (c) of the GRCO (Criminal) Vol.1. According to the learned counsel for the Petitioner the accused persons are regular offender and are involved in various crimes and for the non-compliance of the direction issued by the court under Sections 82 and 83 Cr.P.c. the learned court found it appropriate to put the case record on dormant file transmitting it to the record room. However, the Petitioner seeks for a direction to initiate the proceeding under Sections 82 and 83 Cr.P.C. The very averments made in the complaint application reveals that the court had initiated the process under Sections 82 and 83 Cr.P.c. vide order dated 25.01.2024. The relevant provision of Rule 326(c) GRCO (Criminal) Vol.1 which mandates for the exigency when the case can be sent to the dormant record and as such apparently there is no illegality committed by the court. No steps also been taken by the Petitioner for recalling the order to exhaust the provision of Sections 82 and 83 Cr.P.C. before the same the record is sent to dormant file. 4. While disposing of the CRLMP, the Petitioner, if so desire may move a motion before the learned court praying to recall the case record to exhaust the provision enumerated under Sections 82 and 83 Cr.P.C. in accordance with the duties enjoined upon the court in the initiation of the provisions under Sections 82 and 83 Cr.P.C. p. 3 5. Needless to say that merely consigning the matter to the record room or awaiting dormant compliance, without ensuring implementation, results in avoidance of adjudication and is detrimental to the interest of the parties. 6. Accordingly, the CRLMP stands disposed of. (Chittaranjan Dash) Judge KC Bisoi