Application under Section 482 Cr.P.C. seeking quashing of criminal proceedings arising from a theft case filed seven years prior. Petitioner was absent. Court doubted survival of cause of action and dismissed the petition.
Criminal Miscellaneous Application dismissed for non-prosecution.
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 AT CUTTACK
CRLMC No.929 of 2016
Sanjay Kumar Barik
…. Petitioner Mr. R.Achary , Advocate
-versus-
State of Orissa & another
…. Opp. Parties Mr. S.K.Mishra,A.S.C.
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
20.09.2022
( G. Satapathy) Judge
// 2 //
Kishore
3 issues framed by the court
Whether the cause of action for quashing criminal proceedings survives when seven years have elapsed since the filing without a stay.
Whether to entertain a petition under Section 482 Cr.P.C. for quashing proceedings when the petitioner has been absent and a significant delay occurred.
Whether to dismiss a Criminal Miscellaneous Application for non-prosecution due to lapse of time.
1 provisions across 1 enactments
Sanjay Kumar Barik
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
