Murali Pradhan vs State Of Odisha .... Opposite Party on 16 October, 2023

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Orissa High Court

Murali Pradhan vs State Of Odisha .... Opposite Party on 16 October, 2023

Bench: Chittaranjan Dash

Signature Not Verified
Digitally Signed
Signed by: SAMIR KUMAR PARIDA
Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY
Reason: Authentic Copy
Location: ORISSA HIGH COURT, CUTTACK
Date: 17-Oct-2023 15:25:16               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       CRLMC No.4137 of 2023

                                     Murali Pradhan                       ....             Petitioner
                                                                     Mr. Shaktidhara Mishra, Advocate
                                                               -versus-
                                     State of Odisha                      ....        Opposite Party
                                                                            Mr. Shashanka Patra, ASC

                                                 CORAM:
                                                 JUSTICE CHITTARANJAN DASH
                                                           ORDER

Order No. 16.10.2023

01. 1. Heard learned counsel for the Petitioner and the State.

2. By means of this application the Petitioner seeks indulgence of this Court to quash the order dated 30.06.2016 passed by the learned Addl. Sessions Judge, Nayagarh in S.T. Case No.214/327 of 1997/1992 corresponding to G.R. Case No.83 of 1990 arising out of Ranpur P.S. Case No.83 of 1990.

3. The Petitioner was initially arrayed with the offence under Section 307/34, I.P.C. that turned to offence under Section 302, I.P.C. Since inception of the case, the Petitioner has been showing negligence with regard to the proceeding of the case, and due to his non-appearance the order of NBWA has been issued on 30.06.2016. Further, the conduct shows that the Petitioner is not at all cooperating in disposal of the case. Such conduct of the Petitioner has to be deprecated, but at the same time it being a matter of the year 1992 has to be completed, once the Petitioner appears before the Court.

Page 1 of 2 Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 17-Oct-2023 15:25:16 4. In that view of the matter, despite all the laches, this Court directs that in the event the Petitioner surrenders within three weeks hence and makes a motion for bail in the Court of the learned Addl. Sessions Judge, Nayagarh in S.T. Case No.214/327 of 1997/1992, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by that court subject to depositing cash of Rs.5,000/- (Rupees Five Thousand) in the manner to be directed by the said Court. In the event any application under Section 317, Cr.P.C. is filed by the Petitioner, pending trial the same shall not be allowed in a routine manner save and except by an express order of the Court to its satisfaction. It is needless to mention here that the case being of the year 1992, every endeavour be made by the learned court below for its disposal as early as possible, preferably within a period of six months.

5. The CRLMC stands disposed of accordingly.

(Chittaranjan Dash) Judge S.K. Parida Page 2 of 2

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