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Orissa High Court

Apurba Bhol And Others vs State Of Odisha And Another ..... ... on 18 September, 2023

Author: Savitri Ratho

Bench: Savitri Ratho

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLMC No.3171 of 2023
Apurba Bhol and others        .....                                          Petitioners
                                                     Mr.Gopal Krishna Nayak, Advocate
                                         Vs.
State of Odisha and another              .....                         Opposite Parties
                                                                 Mr.S.S.Pradhan, AGA
                                                                            (for O.P.1)
                                                             Mr.S.K.Tripathy, Advocate
                                                                            (for O.P.2)

                    CORAM:
                        JUSTICE SAVITRI RATHO

                                                ORDER

18.09.2023 Order No. (Through hybrid mode)

02.

1. This application under Section 482 Cr.P.C. has been filed by the petitioners challenging the order dated 15.07.2014 passed by the learned J.M.F.C., Aska in G.R. Case No.41 of 2007 arising out of Gangapur P.S. Case No.13 of 2007, pending in the Court of learned J.M.F.C., Aska taking cognizance of offences under Sections 147, 148, 427, 294, 506,149 of IPC read with Section 9 (B) of the Indian Exclusives Act.

2. Mr.G.K.Nayak, learned counsel appearing on behalf of the petitioners submits that on account of political differences, the incident took place on 02.02.2007. As the petitioners and the informant belong to the same Grama Panchayat, on the intervention of the elders of their village, the matter has been settled between the parties and there is no longer any ill-feeling between them, for which the opposite party No.2 does not want to proceed with the case against the petitioners. He further submits that all the petitioners are on bail. Page 1 of 1

//2//

3. A joint affidavit sworn to by the petitioner No.2-Bhanja Bhol and the informant-opposite party No.2-Ramesh Chandra Swain who are present in Court today being identified by their respective counsel is filed. In Court today copies of their Aadhaar Cards are annexed to the joint affidavit. It is stated in the affidavit that the dispute arose out of Grama Panchayat election and the same has been settled through the village gentry and continuance of criminal proceeding may disturb their peaceful life and in the interest of justice, the proceeding may be quashed.

4. Copy of the affidavit is served on Mr.S.S.Pradhan, learned Addl. Government Advocate.

5. List this matter on 03.10.2023 to enable Mr. Pradhan, learned Addl. Government Advocate to obtain instruction in the matter and the case diary.

6. The personal appearance of the petitioner No.2 and opposite party No.2 is dispensed with.

7. Registry is directed to call for a report from the learned J.M.F.C., Aska regarding the present status of the case.




                                                                           (Savitri Ratho)
             Bichi                                                             Judge

Signature Not Verified
Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 21-Sep-2023 12:08:08


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