The CRLMC was dismissed without entertaining the petitioner's prayer to quash an N.B.W.(A) order. The court declined to entertain the application under Section 482 Cr.P.C. due to a two-year delay in challenging the impugned order framed in 2019 regarding a 2008 incident.
The C.R.L.M.C. stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA : CUTTACK CRLMC No.199 of 2020
Gana Nath Pothal … Petitioner -Versus-
State of Odisha … Opp. Party CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ORDER
This matter is taken up by video conferencing
mode.
Heard, the learned counsel for the Petitioner and the learned counsel for the State.
This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 26.04.2019 passed by the learned Special Judge (Vigilance), Cuttack in T.R. No.70 of 2009 wherein N.B.W.(A) has been issued against him.
It appears that the Petitioner in this case has challenged the order of N.B.W.(A) issued against him. The incident is of the year 2008 and the approach has been made to this Court challenging an order passed near about two years.
In such premises, I am not inclined to entertain the prayer made by the petitioner.
Accordingly, the CRLMC stands dismissed.
………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether to entertain an application seeking quashing of an N.B.W.(A) order framed nearly two years after the incident.
Whether the matter is fit for disposal on the merits considering the delay in filing the present application.
1 provisions across 1 enactments
Gana Nath Pothal
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
