Orissa High Court
Dr. Sanghamitra Dash vs ) State Of Odisha .... Opposite Parties on 2 April, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4602 OF 2023
Dr. Sanghamitra Dash .... Petitioner
Mr. U. Mishra, Advocate
-versus-
1) State of Odisha .... Opposite Parties
2) The Appropriate Authority
under PC & PNDT Act Mr. S. R. Roul, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
02.04.2024 Order No.
01. 1. Heard.
2. This matter was taken up for hearing on 26.02.2024 and this Court passed the following order:-
<1. Heard.
2. The Petitioner has filed the CRLMC No.6347 of 2014 inter alia challenging the order dated 30.11.2013 passed by the learned S.D.J.M(S), Cuttack in 2(c) C.C. Case No.1443 of 2013 whereby the learned Court below had taken cognizance of offences under Section 23 & 25 of the PC & PNDT Act. The said petition was disposed of on 04.04.2016 by the coordinate Bench of this Court by passing the following order:-
<Learned counsel for the petitioner wants to withdraw the CRLMC application stating that he shall raise before the Court below the Page 1 of 3 question of non-furnishing of the copy of the letter of authorization of the District Appellate Authority issued to the officer who has filed the prosecution report and all other defences available to the accused including the fact that District Appropriate Authority has not developed website for furnishing the Form-F report.
Giving liberty to raise the questions before the learned Court below, the CRLMC is dismissed as withdrawn.=
3. Reiterating the same prayer, the Petitioner has again filed the present petition. It is surprising that even though the cognizance was taken in this matter on 30.11.2013, there is no progress in the trial.
4. Learned counsel for the Petitioner submits that charge has not yet been framed.
5. Mr. Maharaj, learned Additional Standing Counsel for the State seeks time to get instruction in this regard.
6. List this matter on 20.03.2024.=
3. Pursuance to the aforementioned order, Learned counsel for the Petitioner has submitted the certified copy of the proceeding of the Court below, which is taken on record.
4. The Petitioner seeks indulgence of this Court for quashing of the entire proceeding on the ground that although the cognizance was taken on 30.11.2013, the trial is not proceeding for an inch even after lapse of more than a decade.
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5. Perusal of the proceeding indicates that on 07.01.2015, the Petitioner had obtained a stay order from this Court. The stay order was operative up till the year 2016 and eventually the proceeding before this Court was withdrawn by the Petitioner. However, the same was not intimated to the trial Court. Therefore, the matter got adjourned up till 22.07.2022. Since the LCR was called for by this Court and the same was not returned back to the trial Court, the charges could not be framed and the delay has caused.
6. Taking into consideration the facts that the present case is pertaining to the year 2013 and the cognizance was taken on 30.11.2013, I am of the considered view that the Petitioner should appear before the Court below on or before 30.04.2024 and move appropriate application raising all the points on merit regarding the question of charges. The Court below may consider the case on its own merit and proceed with the matter without further delay.
7. With the aforementioned observation and liberty granted to the Petitioner, the CRLMC is disposed of.
(S.S. Mishra)
Judge
Signature Not Verified
Digitally Signed
Swarna
Signed by: SWARNAPRAVA DASH
Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Apr-2024 11:29:41 Page 3 of 3